These Terms of Use are personal to you, and any rights, licenses and privileges granted herein, may not be transferred or assigned by you without our consent. We may assign or transfer our rights, licenses, and privileges without restriction and without notice to you, provided such assignment or transfer does not affect your rights under these Terms of Use and complies with applicable laws.
INDEMNITY
 
You agree to defend, indemnify and hold PlayNowMedia LLC, its successors and assigns, directors, officers, employees, representatives, agents, licensors, Advertisers, suppliers and operational service providers harmless from any and all claims, liabilities, damages, losses, costs and expenses (including reasonable attorneys’ fees) (collectively, “Claims”), arising in any way out of or in connection with (a) your use of PlayNowMedia LLC Services, (b) your breach or violation these Terms of Use or (c) your User Postings. PlayNowMedia LLC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with PlayNow Media’s defense of such Claim.
DISCLAIMER AND LIMITATIONS OF LIABILITY
 
TO THE EXTENT PERMITTED BY APPLICABLE LAWS, PLAYNOWMEDIA LLC SERVICES, AND ALL CONTENT, PRODUCTS, SERVICES AND USER POSTINGS ARE MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THAT PlayNowMedia LLC SERVICES WILL BE AVAILABLE FOR USE, OR THAT ALL PRODUCTS, FEATURES, FUNCTIONS, SERVICES OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED. ALL IMPLIED REPRESENTATIONS, WARRANTIES AND CONDITIONS RELATING TO THIS SITE, AND ALL CONTENT, PRODUCTS, SERVICES AND USER POSTINGS ARE HEREBY DISCLAIMED. Without limiting the foregoing, we are not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of PlayNowMedia LLC Services. You understand, acknowledge and agree that you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security and validity of any and all features and functions of PlayNowMedia LLC Services, including, without limitation, User Postings and Content associated with your use of PlayNowMedia LLC Services. YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, PlayNowMedia LLC, ITS AFFILIATES, PARENT, SUCCESSORS AND ASSIGNS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OPERATIONAL SERVICE PROVIDERS, ADVERTISERS AND SUPPLIERS, SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF PlayNowMedia LLC SERVICES OR FROM THESE TERMS OF USE, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES. You further understand and acknowledge the capacity of PlayNowMedia LLC Services, in the aggregate and for each User, is limited. Consequently, some messages and transmissions, including, without limitation, User Postings, may not be processed in a timely fashion or at all, and some features or functions may be restricted or delayed or become completely inoperable. As a result, you acknowledge and agree that PlayNowMedia LLC assumes no liability, responsibility or obligation to transmit, process, store, receive or deliver transactions or User Postings or for any failure or delay associated with any User Postings and you are hereby expressly advised not to rely upon the timeliness or performance of the Site for any transactions or User Postings. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU. We do not attempt to exclude or limit in any way our liability to you where it would be unlawful for us to do so. In the UK, this includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentations or for defective products under the Consumer Protection Act 1987. NOTHING IN THESE TERMS OF USE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU.
ELECTRONIC SIGNATURE AND CONTRACTS
 
When you use PlayNowMedia LLC Services, you can enter into agreements and make purchases electronically. You agree to the use of electronic records and signatures in association with PlayNowMedia LLC Services. Your agreement and intent to use electronic records and signatures applies to all transactions you enter into on the Service Services, including without limitation and to the full extent allowed by law, notices of cancellation, policies, contracts, and applications. If you do not wish to use electronic records and signatures, do not use PlayNowMedia LLC Services. You may have a legal right to receive certain information from us in writing. You agree that we may use e-mail and other electronic means to provide you with such information as well as for other communications. To access and retain this information you will need to provide us with an active e-mail account, and you must have an Internet-connected device that is capable of receiving HTML e-mails and a method of storing or printing those e-mails. You may have a legal right to receive paper copies of certain notices. To receive such copies, contact us via the email address provided at the end of this policy. To update your contact information, visit the accounts section of PlayNowMedia LLC Services. You confirm that you have the ability to access and retain e-mails.
MISCELLANEOUS
 
These Terms of Use, together with any Additional Terms, Rules, our Privacy Policy, and any other regulations, procedures and policies which we refer to and which are hereby incorporated by reference, contain the entire understanding and agreement between you and PlayNowMedia LLC concerning PlayNow Media Services and supersedes any and all prior or inconsistent understandings relating to PlayNowMedia LLC Services and your use thereof. To the extent that there is a conflict between these Terms of Use and the Additional Terms or Rules for the activity in which you choose to participate, the Additional Terms and/or Rules shall govern. These Terms of Use cannot be changed or terminated orally. If any provision of these Terms of Use is held to be illegal, invalid or unenforceable, this shall not affect any other provisions and these Terms of Use shall be deemed amended to the extent necessary to make it legal, valid and enforceable. Any provision which must survive in order to allow us to enforce its meaning shall survive the termination of these Terms of Use. No action arising out of these Terms of Use or your use of PlayNow Media Services, regardless of form or the basis of the claim, may be brought by you more than one year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose), unless otherwise provided by law. These Terms of Use and your use of PlayNowMedia LLC Services are governed by, construed and enforced in accordance with the internal substantive laws of the State of New York, U.S.A., regardless of the State’s conflict of laws provisions. You specifically agree and submit to the non-exclusive jurisdiction and venue of the State and Federal Courts situated in the State and County of New York and agree you shall not object to such jurisdiction or venue. IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THIS AGREEMENT, YOUR USE OF THE SITE OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY. YOU MAY ALSO BE ENTITLED TO CERTAIN CONSUMER PROTECTION AND OTHER RIGHTS UNDER THE LAWS OF YOUR LOCAL JURISDICTION. These Terms of Use were last modified on the date indicated above and are effective immediately.
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