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P2P WORKING for CONTENT OWNERS

Terms Of Service / Legal Agreement

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    PLEASE READ THIS DOCUMENT WITH CARE


    DEFINITIONS:

      1. "Digital Media Assets" are digital files that contain video and/or audio content.
         
      2. "Digital Rights Management" (hereafter, DRM) is a technology that creators and owners of Digital Media Assets can use to secure and protect their investments in those works.
         
      3. An "Independent Content Owner" (hereafter, "ICO") is an individual or entity who protects and secures Digital Media Assets using DRM technologies supplied by the Pay2Play platform.
         
      4. An "Independent Affiliate Marketer" (hereafter, "IAM") is an individual or entity who markets, promotes, circulates and/or distributes digital media assets created and protected by ICOs, enabled by additional DRM technologies available through the Pay2Play platform.
         
      5. "Pay2Play" is an Interactive Service Provider (ISP) used by ICOs to apply DRM technologies to their Digital Media Assets.
         
      6. "Pay2Play" is an Interactive Service Provider (ISP) used by IAMs to identify secured digital media assets for which ICOs have provided permission to IAMs to market, promote, circulate and/or distribute, on behalf of ICOs.


    INDEPENDENT CONTENT OWNERS: (ICOs)

         
      1. ICOs independently establish the licensing and fee structure for each digital media asset provided to Pay2Play. Pay2Play applies said licensing/cost structure to each media asset provided it, manages license information, license-fee collection, transaction processing, and fraud protection, and remits weekly to ICOs a sum representing 100% of the collected proceeds based upon the license fee established by the ICO, less a processing fee that ranges between 0% and 5%.

        Two separate payment structures are available for Content Owners:
          1. 0% Transaction Fee (Free service): For Content Owners who belong to Pay2Play through a Pay2Play Participating Partner* (PPP), the Pay2Play service is entirely free, and the customary transaction fee of 5% is waived.
             
          2. Standard 5% Transaction Fee: For Independent Content Owners unaffiliated with a PPP, a 5% processing fee is applied to each transaction.
        Example:
        If a user successfully unlocks a movie file (thereby obtaining the license to play that movie from the Content Owner), and the content owner charges $20 for that particular movie and license, Pay2Play collects $20 from the user. Pay2Play then remits $20 to the PPP-affiliated content owner (or $19 to the unaffiliated content owner; the remaining one dollar represents Pay2Play's 5% processing fee).
         
      2. Payments are remitted to ICOs weekly. The weekly measurement period begins at 12:00am Sunday, and ends at 11:59pm Saturday. Just one to two business days later, typically the Monday or Tuesday that immediately follow, payment is disbursed to the ICO. (Pay2Play is affiliated with the most trusted name in internet entertainment, WebPower, Inc, which is in its tenth (10) consecutive year of providing uninterrupted weekly payments to hundreds of thousands of payees.)

        (*Current PPPs include iFriends.net, SizzlingCams.com, TotallyFreeCams.com, IncredibleCams.com and FanClubs.com)


    ICO CONDUCT:

         
      1. You (i.e. any ICO) understand that all information, data, text, music, sound, photographs, graphics, video or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Pay2Play, are entirely responsible for all Content that you upload, post, transmit or otherwise make available via the Pay2Play Service. Pay2Play does not control the Content uploaded, downloaded or transmitted via the Service and, as such, does not guarantee the accuracy, integrity, legality or quality of such Content. Under no circumstances will Play2Play be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
         
      2. You agree to not use the Service to:

             
          1. upload, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
             
          2. harm minors in any way;
             
          3. impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
             
          4. forge headers, titles or otherwise manipulate identifiers in order to falsely disguise the origin of any Content transmitted through the Pay2Play Service;
             
          5. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
             
          6. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
             
          7. upload, post, email, transmit or otherwise make available any material 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;
             
          8. interfere with or disrupt the Pay2Play Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of the Pay2Play Service or any networks connected to the Service;
             
          9. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside, 18 U.S.C. Section 2257 and regulations promulgated thereunder by the U.S. Department of Justice, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchangeor NASDAQ, and any regulations having the force of law;

         
      3. You acknowledge that Pay2Play does not pre-screen Content, but that Pay2Play and its designees shall have the right (but not the obligation) in their sole discretion to refuse, delete, restrict, modify or move, for any reason, any Content that is available via the Service. You agree that you must evaluate, and bear all risks and liability associated with, the use of any Content, including any reliance on the accuracy, completeness, lawfulness or usefulness of such Content.
         
      4. You acknowledge and agree that Pay2Play may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Pay2Play, or of its users and the public. See Privacy Policy at http://www.pay2play.net/ifpage.dll?t=ALT/Pay2Play/General/Privacy
         
      5. You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.


    INDEPENDENT AFFILIATE MARKETERS: (IAMs)

         
      1. IAMs independently establish their own commission structure for each available Digital Media Asset provided by ICOs. When IAMs use the "Lock File" feature to commission-enable a Pay2Play movie file, distribute/promote that file on the internet, and an individual unlocks that file (thereby obtaining the license to access and play the file), the license-fee the individual pays is the original license amount established by the ICO, plus whatever additional amount is specified as a commission.

        Example:
        If an IAM commission-enables a Pay2Play file for which the Content Owner charges a $20 license fee, and the IAM adds a $5 commission to that amount when creating the IAM's commission-trackable file, the customer who unlocks (licenses) that file agrees to pay a license-fee of $25. Pay2Play remits $5 to the IAM (commission), and $20 to the ICO ($19 if the Content Owner is subject to the standard 5% transaction fee for ICO unaffiliated with Pay2Play Participating Partners.
         
      2. Commission payments are remitted to IAMss every week. The weekly measurement period begins at 12:00am Sunday, and ends at 11:59pm Saturday. Just one to two business days later, typically the Monday or Tuesday that immediately follow, payment is disbursed to the IAM. (Pay2Play is affiliated with the most trusted name in internet entertainment, WebPower, Inc, which is in its tenth (10) consecutive year of providing uninterrupted weekly payments to hundreds of thousands of payees.)


    INDEMNITY:

         
      1. You agree to indemnify and hold Pay2Play, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Pay2Ply Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.


    DISCLAIMER OF WARRANTIES AND LIMITATIONS ON LIABILITY:

         
      1. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

             
          1. YOUR USE OF THE Pay2Play SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Pay2Play EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
             
          2. Pay2Play MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
             
          3. ANY MATERIAL UPLOADED, DOWNLOADED OR OTHERWISE TRANSMITTED OR OBTAINED VIA THE USE OF THE Pay2Play SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
             
          4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Pay2Play OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

         
      2. YOU EXPRESSLY UNDERSTAND AND AGREE THAT Pay2Play SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF INSANTDRM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.


    GENERAL INFORMATION:

    The TOS constitute the entire agreement between you and Pay2Play and govern your use of the Pay2Play Service. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TOS and the relationship between you and Pay2Play shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. You and Pay2Play agree to submit to the personal and exclusive jurisdiction of the courts geographically located within Dade, Broward or Palm Beach Counties, Florida. The failure of PlayaDRM to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

    The section titles in the TOS are for convenience only and have no legal or contractual effect.

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