Last updated April 7, 2016
This constitutes a binding legal agreement between you and delPlaya Media, Inc. (referred to hereafter as “delPlaya Media”). This agreement explains the terms and conditions that apply to users that access the websites located at www.delplaya.com, www.delPlayaMedia.com, www.AuthorizedStream.com, www.FreeStreams.com, www.FullviewPlayer.com, and www.LyricFox.com (the “Websites”), the FreeStreams mobile apps (the “Apps”), any media players supplied by delPlaya Media, and all services and promotions offered, including third party content (all collectively referred to as the “delPlaya Service”). By using the DelPlaya Service, you acknowledge that you have read, understood, and agree to be bound by all the terms and conditions in this agreement (“Agreement”). If you do not agree with and accept the terms of this Agreement, you may not use the DelPlaya Service.
YOU MUST BE AT LEAST 18 YEARS OF AGE TO USE THE DELPLAYA SERVICE. CHILDREN OVER THE AGE OF 13 MAY USE THE DELPLAYA SERVICE ONLY IF THEIR PARENT OR LEGAL GUARDIAN ACCEPTS AND AGREES TO THE TERMS AND CONDITIONS OF THIS AGREEMENT ON THEIR BEHALF AND THEREBY ASSUMES FULL RESPONSIBILITY FOR THE CHILD’S USE OF THE DELPLAYA SERVICE.
- The DelPlaya Service. The “DelPlaya Service” consists of (a) the websites located at www.delPlayaMedia.com, www.AuthorizedStream.com, www.FreeStreams.com, www.FullviewPlayer.com, and www.LyricFox.com (the “Websites”), (b) the FreeStreams mobile apps (the “Apps”), (c) any media players or advertising supplied by delPlaya Media (“Players”), (d) all software, data, text, images, sounds, video, and content made available through the Websites, Apps, and Players (collectively referred to as the “Content”), (e) all services and promotions offered, including third party content, and (f) any updates, additional features and functionality that DelPlaya Media may offer.
DelPlaya Media may add or remove features and functionality of the DelPlaya Service at any time without notice. You agree that DelPlaya Media shall not be liable to you or to any third party for any modification, suspension or discontinuance of the DelPlaya Service, or any part thereof.
Any use of the DelPlaya Service other than as specifically authorized herein is strictly prohibited. Any rights not expressly granted herein are reserved by DelPlaya Media.
- Using the DelPlaya Service. Subject to the terms and conditions of this Agreement, DelPlaya Media grants you a non-exclusive, non-transferable, revocable license to use the DelPlaya Service for your personal, non-commercial purposes only. You shall not (a) copy, redistribute, publish, sublicense, resell, rent, lease, transfer, assign, time share or otherwise commercially exploit or make the DelPlaya Service available to any third party, in whole or in part; (b) use the DelPlaya Service in any unlawful manner, or (c) copy, reverse-engineer, modify, adapt or otherwise interfere with the normal operations of the DelPlaya Service.
The content made available to you on or through the DelPlaya Service, including all software, text, visual, audio, and other media content and DelPlaya Media trademarks and logos, are owned by or licensed to DelPlaya Media and are protected under U.S. and international laws. You do not acquire ownership rights by using the DelPlaya Service. All comments, feedback, suggestions, ideas and other submissions (“Feedback”) transmitted to DelPlaya Media shall be the exclusive property of DelPlaya Media. You agree that unless otherwise prohibited by law, DelPlaya Media may use, sell and disclose the Feedback without restriction.
You shall comply with DelPlaya Media policies provided to you in connection with the DelPlaya Service, and you shall promptly notify DelPlaya Media if you learn of a security breach related to the DelPlaya Service. You understand that to the extent you access the DelPlaya Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using the DelPlaya Service may be prohibited or restricted by your carrier, and not all the DelPlaya Service may work with all carriers or devices.
- Third Party Content. The DelPlaya Service provides links and directed access to other sites and resources on the Internet (“Third Party Content”) and the applicable third party retains title to and ownership of its intellectual property rights. You acknowledge and agree that the DelPlaya Service may contain content that is protected by copyright, patent, trademark, trade secret or other proprietary rights and laws.
DelPlaya Media is not responsible for and does not endorse Third Party Content. You acknowledge and agree that Third Party Content may include copyrighted material of third parties, protected by U.S. copyright law and other applicable laws. You understand that DelPlaya Media does not guarantee the access to any particular Third Party Content and you agree that DelPlaya Media will have no liability to you or any third party with regard to any Third Party Content.
- User Content. You are solely responsible for all personal information you provide to DelPlaya Media, including any and all feedback or other content or comments that you post in connection with or relating to the DelPlaya Service (“User Content”). You agree to not use the DelPlaya Service to post content or take any action that infringes the rights of others or otherwise violates the law.
You agree not to post any content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. You are responsible for maintaining the confidentiality of your account, including your login and password information and for all activities in your account. By posting User Content on or through the DelPlaya Service, you are granting DelPlaya Media a perpetual, royalty-free worldwide, license to use, modify, reproduce, distribute, display, publish and perform User Content in connection with the DelPlaya Service. You acknowledge and agree that DelPlaya Media may disclose content if required to do so by law or to protect the rights, property, or personal safety of DelPlaya Media, its users and the public.
- Termination. Either You or DelPlaya Media may terminate this Agreement at any time.
- Indemnity. You agree to defend, indemnify and hold harmless DelPlaya Media from and against any and all claims, proceedings, injuries, liabilities, losses, costs and expenses (including reasonable attorney’s fees) relating to or arising out of your breach of any term of this Agreement, User Content, or your use, access or misuse of the DelPlaya Service. DelPlaya Media shall provide notice to you of any such claim, suit or demand. DelPlaya Media reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting DelPlaya Media’s defense of such matter.
- Representations and Warranties. You represent and warrant that: (i) you are 18 years old or older (or the parent of a child between 13 and 17 years old); (ii) you own all User Content or have obtained all permissions, releases, rights or licenses required for you to post to the DelPlaya Service without obtaining any further releases or consents; (iii) User Content and your other activities in using the DelPlaya Service do not and will not violate, infringe, or misappropriate any third party’s copyright, trademark, right of privacy or publicity, or other personal or proprietary right, nor does User Content contain any matter that is defamatory, obscene, unlawful, threatening, abusive, tortious, offensive or harassing; and (iv) you shall not place advertisements into any framed environment or display ads in any way on the DelPlaya Service, unless approved by DelPlaya Media in writing.
- Warranty Disclaimer of Limitation of Liability. YOU UNDERSTAND AND AGREE THAT THE DELPLAYA SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS ONLY. DELPLAYA MEDIA MAKES NO WARRANTY THAT THE DELPLAYA SERVICE WILL PERFORM IN AN UNINTERRUPTED MANNER OR THAT IT WILL BY ERROR-FREE. DELPLAYA MEDIA SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT THE DELPLAYA SERVICE, THE SOFTWARE, OR OTHER HARDWARE.
DELPLAYA MEDIA AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE DELPLAYA SERVICE, INCLUDING ANY IMPLIED WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON- INFRINGEMENT OF THIRD PARTY RIGHTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHICH MEANS THAT SOME OF THE LIMITATIONS IN THIS AGREEMENT MAY NOT APPLY TO YOU. IN THESE JURISDICTIONS, DELPLAYA MEDIA’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
IN NO EVENT WILL DELPLAYA MEDIA OR ITS SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES OF ANY NATURE ARISING FROM OR RELATING TO YOUR USE OF THE DELPLAYA SERVICE, EVEN IF DELPLAYA MEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO CASE WILL DELPLAYA MEDIA’S TOTAL CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY, FOR ANY AND ALL CLAIMS FOR DIRECT DAMAGES, EXCEED ONE HUNDRED DOLLARS ($100).
- DMCA. DelPlaya Media respects the intellectual property of others, and we ask our users to do the same. DelPlaya Media’s intellectual property policy is to (i) remove material that DelPlaya Media believes in good faith, upon notice from an intellectual property owner or their agent, is infringing the intellectual property of a third party by being made available through the DelPlaya Service, and (ii) remove any content (including Content and User Content) posted to the DelPlaya Service by “repeat infringers.” DelPlaya Media considers a “repeat infringer” to be any user that has uploaded or made available content to the DelPlaya Service and for whom DelPlaya Media has received more than two takedown notices compliant with the provisions of 17 U.S.C. § 512 with respect to such content. DelPlaya Media has discretion, however, to terminate the account of any user after receipt of a single notification of claimed infringement or upon DelPlaya Media’s own determination. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide DelPlaya Media Copyright Agent with the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on a
DelPlaya Media owned or operated website, with enough detail so that we may find it;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
DelPlaya Media Copyright Agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
Attn: DMCA Complaints
delPlaya Media, Inc.
800 N. Milpas Street, Suite B
Santa Barbara, CA 93103
By email: DMCA@delplaya.com
Materials Taken Down – Procedure, Notification and Counter-Notices If you are a user of our services and we receive a proper notice (as described above) claiming that material provided by you is infringing the intellectual property rights of another party, we will take reasonable steps to promptly notify you that we have removed or disabled access to the material you provided.
If you believe that DelPlaya Media has removed or disabled access to the material improperly or mistakenly, you must send a counter-notice as described below to DelPlaya Media Copyright Agent with the following information.
- your electronic or physical signature as a user of our services;
- a description of the material that has been removed or to which DMCA@delplaya.com access has been disabled;
- a description of where on our system the material appeared before it was removed or access to it was disabled;
- a statement under penalty of perjury that you have a good faith belief that the material was mistakenly removed and that you consent to the jurisdiction of the local U.S. Federal District Court
- your signature on the counter-notice
- Miscellaneous. This Agreement will be governed by the laws of the State of California as such laws apply to agreements between California residents performed entirely within California. You agree to submit to the exclusive personal jurisdiction of the courts located within California. If any provision of this Agreement is invalid or unenforceable under applicable law, such provision will be deemed modified to the extent necessary to render such provision valid and enforceable and the other provisions of this Agreement will remain in full force and effect. You may not assign this Agreement without the prior written consent of DelPlaya Media, but DelPlaya Media may assign or transfer this Agreement, in whole or in part, without restriction. This document represents the entire agreement governing your use of the DelPlaya Service and supersedes any prior or contemporaneous written or oral statements by DelPlaya Media or its representatives or resellers. DelPlaya Media’s failure to enforce any of the terms of this Agreement shall not constitute a waiver or relinquishment of DelPlaya Media’s right to do so at any time. BY USING THE DELPLAYA SERVICE, YOU REPRESENT THAT YOU HAVE READ AND UNDERSTOOD THIS ENTIRE AGREEMENT AND YOU AGREE TO ALL THE TERMS OF THIS AGREEMENT AS STATED HEREIN.