Terms of Use
These Terms of Use (“Terms”) govern access to and use of the website https://www.peliplat.com (the “Site”), operated by Peliplat Network, Inc. (hereinafter referred to as “Peliplat”). The Site is an online resource that allows: (a) obtaining information about movies, TV shows, and the entertainment world; and (b) submitting, publishing, and sharing, through the Site, videos, articles, movie reviews, and any other user-generated content (hereinafter referred to as “User”). The activities described in (a) and (b) are collectively referred to as the "Services." By using the Site and/or the Services in any way, the User unconditionally consents to and agrees to be bound by these Terms and the Site's Privacy Policy. If the User does not agree with any of the terms set forth in these Terms or the Privacy Policy, they are requested not to use the Site or the Services.
1. Membership/Registration
The User that wishes to use the Services offered by the Site must complete the registration form in all its fields with valid data. The User shall access their account through a personal account linked to the Google or Facebook platform. By using the Site or the Services, the User declares that: (a) all information submitted is true and accurate; (b) the User shall update their contact information if it changes so that Peliplat can contact the User; (c) their use of the Site and Services does not violate any applicable law or regulation; (d) the User is 18 years of age (or the age required to be considered an adult in their country) or older; and (e) the User shall comply with online conduct rules and the making of Contributions (as defined below).
The User is responsible for maintaining the confidentiality of their account, username/user ID, and password, if applicable. The User is also responsible for all uses of their account, whether or not such uses are actually or expressly authorized by them. When using the Site or the Services, the User is requested to do so in a reasonable manner, without negatively affecting the ability of other users to use the Site or the Services. The User's account is personal, unique, and non-transferable, and it is prohibited to register or hold more than one account. Peliplat reserves the right to refuse any registration request or to cancel a previously accepted registration without the need to communicate or disclose the reasons for such a decision, and without giving rise to any claim, compensation, or reparation rights.
Peliplat is committed to ensuring the security of User Accounts. In the event of any known or suspected unauthorized use of an account, the User must immediately notify Peliplat. Peliplat shall not be liable for any loss or damage arising from unauthorized use of an Account unless due to Peliplat's gross negligence.
2. User Conduct and Contributions
A. The Site offers the ability to submit and publish reviews, comments, and content related to the audiovisual industry (including, but not limited to, videos, articles, critiques, suggestions, ideas, questions, reviews, etc.) (collectively, "Contributions"). In order to submit and publish Contributions, the User must first register through the Site’s online registration process. The User is fully responsible for the content of their Contributions and any damage resulting from them, and agrees that Peliplat shall not be responsible for their Contributions or those of any other user.
When creating or making a Contribution available, the User represents and warrants that:
Rights to the Content: The User owns or has sufficient rights to publish their Contributions.
Respect for Third-Party Rights: The User shall not publish Contributions that violate the privacy rights, publicity rights, intellectual property rights (including, without limitation, copyright), confidentiality rights, or contractual rights of Peliplat or any other person.
License to Peliplat: By submitting Contributions, the User grants Peliplat a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, reproduce, modify, adapt, publish, translate, create derivative works, distribute, and display the Contribution in any media or format, whether now known or hereafter developed, in connection with the Site and Peliplat's business, including, without limitation, for promoting and redistributing part or all of the Site (and its content) in any media formats and through any media channels.
Compliance with Third-Party Licenses: The User shall fully comply with all third-party licenses related to the Contributions and agrees to pay all royalties, fees, and any other money owed to any person due to the Contributions the User has published on or through this Site.
Acceptable Content: The User shall not publish or submit Contributions that, in Peliplat sole discretion, are considered:
- defamatory, harmful, disruptive, illegal, inappropriate, offensive, inaccurate, pornographic, vulgar, indecent, profane, hateful, racially or ethnically offensive, obscene, lascivious, filthy, threatening, excessively violent, harassing, or otherwise objectionable;
- that incite, encourage, or threaten immediate physical harm to another, including but not limited to Contributions that promote racism, intolerance, sexism, religious intolerance, or harm against any group or individual (including based on the sexual orientation or identity of such individual);
- that contain material requesting or revealing personal information of any person; or
- that exploits any person in a sexual or violent manner.
Advertising Prohibition: The User shall not publish or submit Contributions that contain advertisements or solicit any person to buy or sell products or services (other than Peliplat’s products and services).
Unauthorized Use: The User shall not use this Site or the Services for any unauthorized purpose, including collecting usernames and/or email addresses of other users by electronic or other means to send unsolicited emails or other electronic communications, or engaging in unauthorized framing or linking to this Site without Peliplat’s express written consent.
Malicious Content: The User shall not publish or submit contributions that constitute, contain, install, or attempt to install or promote viruses, trojans, cryptocurrency mining or electronic currency, spyware, malware, or other computer code, whether on Peliplat’s devices or on others, including code intended to allow them or others to collect information about, or monitor, the online or other activities of others.
Interference: The User shall not transmit chain letters, bulk or unsolicited emails, or disrupt, interfere with, or create an undue burden on the Site, the Services, or the networks or services connected to the Site or the Services, including, without limitation, hacking or gaining unauthorized access to the Site or the Services, or using the Site or the Services to send unsolicited or commercial emails, newsletters, comments, or other communications.
Impersonation: The User shall not impersonate any other person or entity, (ii) shall not sell or allow others to use their account, profile, or password for the Site or Services, (iii) shall not provide false or misleading identification or address information, and (iv) shall not invade the privacy or violate the personal or property rights of any person or entity.
B. User License to Peliplat. By making a Contribution to this Site, the User grants Peliplat an irrevocable, perpetual, non-exclusive license (which means that the User is free to license their Contribution to anyone else besides Peliplat), fully paid, and royalty-free (which means that neither Peliplat nor anyone who receives their Contribution directly or indirectly from Peliplat is required to pay them for using their Contribution), sublicensable (so that Peliplat can distribute the User’s Contributions to third parties, whether through the Site, the Services, Peliplat’s other products, or through other sites or products offered by Peliplat’s affiliates), worldwide (because the Internet, the Site, and the Services can be used from many different countries around the world), to use, modify, adapt, create derivative works of, publicly perform, publicly display, reproduce, and distribute their Contribution in connection with the Site, the Services, other websites and businesses, or the promotion of the same in any media format and through any platform now known or devised in the future. Additionally, the User grants Peliplat a royalty-free license to use their username, image, voice, and likeness to identify them as the source of any Contribution they own.
All rights that the User grants in their Contribution are granted to be transferable to the public, meaning that the owners or operators of external services shall have no independent liability to the User or any other third party for their Contribution published or used in such external service. The User waives any right to inspect or approve any marketing or promotional material related to their Contribution. The User also waives any and all rights of privacy and publicity or any other similar rights regarding their Contribution or any part thereof. To the extent that any moral right is non-transferable or non-assignable, the User hereby waives and agrees not to assert such moral right, nor to support, maintain, or allow any action based on moral rights that the User may have or has with respect to any Contribution.
C. Peliplat’s Network. The User understands that Peliplat may make Contributions submitted by the User or other users available to other websites, businesses, and third parties (such websites, businesses, and third parties are referred to as the "Network"), where they may be used, and that Peliplat may receive compensation from the Network for this. Any license or other rights granted, as well as the promises, statements, and warranties that the User makes regarding the Contributions concerning this Site or the Services, are also made concerning the use of such Contributions through the Network (i.e., whenever the User is granting a license or other right, or making a promise, statement, or warranty concerning this Site or the Services, that grant, promise, statement, or warranty shall be considered and interpreted as also applicable to the Network).
D. Ownership. Peliplat does not claim any ownership rights over the User’s Contributions. After publishing their Contributions, the User continues to retain any rights they may have over their Contributions, including any intellectual property rights or other ownership rights associated with their Contributions, subject to the license granted to Peliplat.
3. Site Content
A. Materials. The content of the Site ("Materials"), as well as the trademarks, service marks, and logos contained on the Site, are the property of Peliplat or are licensed to it, and are subject to copyright and other intellectual property rights. Peliplat reserves all rights not expressly granted in and to the Site and the Materials. The User agrees that they shall not, directly or indirectly, circumvent, disable, or interfere in any way with the security features of the Site, the Services, or their features that: (A) prevent or restrict the use or copying of any Material, or (B) impose limitations on the use of this Site or the Materials on this Site. Furthermore, the User agrees not to access this Site by any means other than through the interface provided, unless specifically authorized by Peliplat in a separate written agreement.
B. Disclaimer of Warranties. All Contributions, Materials, or any other content or articles provided, posted, transmitted, or otherwise made available through the Site or the Services are provided "as is" and "as available," without any warranty of any kind, either express or implied. Peliplat makes no warranties or representations regarding the accuracy, reliability, timeliness, or completeness of the content of this Site, the content of any site linked to this Site, the Contributions, the information, or any other item or material on this Site or linked by this Site. Peliplat does not guarantee that the Site or the Services will be available for use, and makes no warranties regarding the quality of the Site, the Services, or any other content or items provided, posted, transmitted, or otherwise made available through the Site or the Services. To the fullest extent permitted by law, Peliplat and each of its advertisers, licensors, suppliers, officers, directors, investors, employees, agents, service providers, and other contractors disclaim all warranties, express or implied, in connection with this Site and its use.
C. Disclaimer of Liability for Damages. The User agrees that their use of the Site, the Services, all Contributions, Materials, or any other content or items provided, posted, transmitted, or otherwise made available through the Site or the Services shall be at their own risk. Peliplat shall not be liable to the User for any loss of data (including content) or for the loss of use of this Site. Additionally, Peliplat assumes no responsibility for: (i) errors, failures, or inaccuracies of any content, Contributions, Materials, or items provided, posted, transmitted, or otherwise made available through the Site or the Services; (ii) personal injury or property damage of any kind resulting from their access and use of the Site, the Services, any content, Contributions, Materials, or items provided, posted, transmitted, or otherwise made available through the Site or the Services; (iii) any illegal or unauthorized access or use of the Site, the Services, Peliplat’s systems or servers, and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the Site or the Services; (v) any error, virus, Trojan horse, malware, cryptocurrency miners, or similar that may be transmitted to or through the Site, the Services, content, Contributions, Materials, or items provided, posted, transmitted, or otherwise made available through the Site or the Services by a third party; and/or (vi) any error or omission in any Contribution, content, Materials, or items provided, posted, transmitted, or otherwise made available through the Site or the Services, or for any loss or damage of any kind incurred as a result of the use of any content, Contributions, Materials, or other items provided, posted, transmitted, or otherwise made available through this Site or the Services.
D. Limitation of Liability. In no event shall Peliplat be liable to the User or any third party for indirect, consequential, incidental, special, or punitive damages, including damages for loss of profits arising from the User’s use of the Site, the Services, Contributions, Materials, or any content or other items provided, posted, transmitted, or otherwise made available through this Site or the Services.
E. Indemnification. The User agrees to indemnify and hold Peliplat, Peliplat’s affiliates, and licensors, as well as Peliplat’s respective officers, directors, agents, partners, and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by a third party due to or arising out of their Contributions, their use of the Site or the Services, and any other content, Materials, or items made available through the Site or the Services.
4. Peliplat Site
A. Site Management. Peliplat may, but is not obligated to: (i) monitor or review the Site and the Services for violations of these Terms of Use and ensure compliance with its policies; (ii) notify law enforcement and/or take legal action against any person who violates these Terms of Use or its policies; (iii) deny, restrict access to or availability of, or remove or disable any Contribution or part thereof without prior notice; and/or (iv) manage the Site or the Services in a manner that protects the rights and property of Peliplat and third parties, or that facilitates the proper functioning of the Site and the Services.
Creating hypertext links to any element of the Site's web pages without Peliplat's authorization is expressly prohibited. The content and designs of the Site are protected in accordance with the intellectual property laws of each country and the corresponding international treaties. Therefore, it is prohibited to modify, copy, distribute, transmit, display, publish, edit, sell, or in any way exploit the design and content of the Site, the Services, and the Materials. Publications, inventions, photographs, images, descriptions, and the writing of all texts included on the Site, its linktree, social media, interviews, surveys, forms, and tests that are the product of Peliplat's creation shall carry this disclaimer, and their exploitation in any form is not authorized.
In any case, Peliplat reserves all rights to the content, information, and data of the Site and the Services. Peliplat does not grant any license or authorization for use of the Site, the Services, the Materials, or other content. The reproduction, distribution, and public communication, including making available, of all content of the Site and the Services, including Materials, Contributions, and any other content, in any format and by any technical means, without Peliplat's authorization is expressly prohibited. It is also prohibited to reproduce unauthorized third-party materials and information provided by Peliplat and/or associated third parties.
B. User Termination. Without limiting any other provision of the Terms of Use, Peliplat reserves the right, at its sole discretion, to deny access to or use of the Site or the Services to any person for any reason, or for no reason at all, without prior notice, notification, or liability. This includes, without limitation, any breach of any representation, warranty, or covenant contained in these Terms of Use, its policies, or any applicable law or regulation. This measure may be taken temporarily or permanently, at Peliplat's discretion. The termination of the User and the consequent deletion of their account shall not affect the rights acquired by Peliplat regarding the User's contributions.
C. Other Users. The User shall be aware that there are risks when dealing with strangers, including the risk of physical harm, especially with people who may act under false pretenses. The User shall carefully choose the information they post on the Site and share with other users. It is advised not to post full names, phone numbers, mailing addresses, or any other identifying information that could allow strangers to find the User or steal their identity. Additionally, the User must be aware that despite this recommendation, information from others may be offensive, harmful, or inaccurate, and in some cases may be mislabeled or deceptively labeled. The User assumes all risks associated with dealing with other users they come into contact with through the Site or the Services. Peliplat recommends that the User exercise caution and common sense when using the Site or the Services.
D. Editing/Exclusion. Peliplat reserves the right to edit and/or delete any comments and Contributions that are deemed inappropriate or offensive, or that violate these Terms of Use and applicable laws. Furthermore, Peliplat maintains the right to exclude users who are the subject of negative comments from external sources. To foster a harmonious community, Peliplat values the experiences of all its users. If a User’s Contribution (article, video, comment, etc.) is reported by others for breaching these Terms of Use, Peliplat reserves the right to take action in response to such reports. These actions may include, but are not limited to, edit or eliminate the Contribution, exclude the User and/or restrict permanent or temporarily certain functions of the User’s account.
E. DMCA. It is Peliplat's policy to comply with notification procedures in accordance with the Digital Millennium Copyright Act (DMCA) of the United States.
5. Third-Party Sites
The Site and the Services may contain links to other websites ("Third-Party Sites"). Peliplat does not own or operate Third-Party Sites, and has not reviewed, nor can review, all of the material, including the goods or services, available through them. The availability of links on the Site or the Services does not imply or guarantee that Peliplat endorses the Third-Party Sites or any material, opinion, goods, or services available on them. Third-party materials accessed or used through Third-Party Sites may also be protected by copyright and other intellectual property laws.
Peliplat may also offer advertisements and promotions from third parties on the Site or the Services. The User’s correspondence or business dealings with, or participation in promotions of, advertisers other than Peliplat found on or through the Site or the Services, including payment and delivery of related goods or services, as well as any other terms, conditions, warranties, or representations associated with such dealings, are solely between the User and such third party. Peliplat is not responsible or liable for any loss or damage of any kind incurred as a result of such dealings or the presence of such third parties on the Site or the Services. These Terms of Use do not apply to Third-Party Sites. Before using or visiting a Third-Party Site through the Site, the Services, or a link located on this Site, the User must review the terms and conditions of the Third-Party Site, its privacy policy, and all other site documents, and familiarize with the regulations, policies, and practices of that Third-Party Site.
6. User Disputes
The User is solely responsible for their conduct. The User agrees that Peliplat cannot be held responsible for any dispute that arises between the User and any other user.
7. Governing Law
By using the Site or the Services, the User agrees that the laws of Canada, without regard to its conflict of law principles, govern these Terms of Use and any dispute that may arise between the User and Peliplat (or any of our affiliates) related to these Terms of Use, the Site, or the Services. The User agrees not to initiate or pursue any action related to these Terms of Use, or their use of the Site or the Services, except in courts located in Vancouver, and the User hereby waives and forgoes any defenses of lack of personal jurisdiction and forum non conveniens.
8. Miscellaneous
A. Entire Agreement. These Terms of Use, along with the Privacy Policy and/or any other policies or terms and conditions posted on the Site, constitute the entire agreement between the User and Peliplat regarding the Site and the Services, and supersede any prior or contemporaneous understanding or agreement between the User and Peliplat related to this subject.
B. Independent Contractors. Nothing in these Terms of Use, Privacy Policy, and/or any other policies or terms and conditions posted on the Site shall be construed as creating an agency, partnership, joint venture, employer-employee relationship, or franchisor-franchisee relationship of any kind between Peliplat and any User.
C. No Third-Party Beneficiaries. These Terms of Use, Privacy Policy, and/or any other policies or terms and conditions posted on the Site are between the User and Peliplat, and there are no third-party beneficiaries.
D. Section Titles. Section titles in these Terms of Use, Privacy Policy, and/or any other policies or terms and conditions posted on the Site are for convenience only and have no legal or contractual effect.
E. No Waiver. If Peliplat fails to exercise or enforce any right or provision of these Terms of Use, Privacy Policy, and/or any other policies or terms and conditions posted on the Site, it shall not operate as a waiver of such right or provision.
F. Severability. These Terms of Use, Privacy Policy, and/or any other policies or terms and conditions posted on the Site shall operate to the fullest extent permitted by law. If any provision or part of a provision of these Terms of Use, Privacy Policy, and/or any other policies or terms and conditions posted on the Site is found to be illegal, void, or unenforceable, that provision or part shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.
G. Assignment. The User may not assign their rights under these Terms of Use, Privacy Policy, and/or any other policies or terms and conditions posted on the Site to any third party without Peliplat’s prior written consent; Peliplat may assign its rights under these Terms of Use, Privacy Policy, and/or any other policies or terms and conditions posted on the Site without condition, restriction, or notice.
H. Changes to These Terms of Use. Peliplat may modify these Terms of Use from time to time without prior notice, and it is the User’s responsibility to read them carefully and review any changes made. The User’s continued use of the Site or the Services constitutes their acceptance of such modifications.
I. Notices. Any notice required to be given under these Terms of Use, Privacy Policy, and/or any other policies or terms and conditions posted on the Site may be sent by email, postal mail, or any other reasonable means to the contact information the User provides to Peliplat from time to time. It is the User’s responsibility to ensure that this information is up to date.