Playmate User Agreement
Last updated on: 2024.12.20
1. Special Notices
1.1 This Playmate User Agreement (this "Agreement") governs your usage
of our services, (hereinafter, "Services") including Playmate App, an
Audio streaming application and social network developed by us. For the
purposes of this Agreement, you and Playmate will be jointly referred to
as the "Parties" and respectively as a "Party".
1.2 By using our Services, or by clicking on "Sign Up" during the
registration process, you agree to all terms of this Agreement. We, at
our sole discretion, may revise this Agreement from time to time, and
the current version will be found at the following link: About
us>User Agreement. By continuing to avail our Services, you agree to
be bound by the revised Agreement.
1.3 You may only use our Service if you are 16 years or older, and if
you are not subject to statutory age limit to enter into this Agreement
according to the applicable laws and regulations in your country. If you
are below the aforementioned minimum age, you may only use Playmate if
your guardian has provided us with valid consent for you to use Playmate
. You may not falsely claim you have reached the minimum age
1.4 You shall be solely responsible for the safekeeping of your
Playmate account and password. All behaviors and activities conducted
through your Playmate account will be deemed as your behaviors and
activities for which you shall be solely responsible
2. Services
2.1.We reserve the right to change the content of our Services from
time to time, at our discretion, with or without notice.
2.2 Some of the Services provided by Playmate require payment. For
paid-for Services, Playmate will give you explicit notice in advance and
you may only access such Services if you agree to and pay the relevant
charges. If you choose to decline to pay the relevant charges, Playmate
shall not be bound to provide such paid-for Services to you.
2.3 Playmate needs to perform scheduled or unscheduled repairs and
maintenance. If such situations cause an interruption of paid-for
Services for a reasonable duration, Playmate shall not bear any
liability to you and/or to any third parties. However, Playmate shall
provide notice to you as soon as possible.
2.4 Playmate has the right to suspend, terminate or restrict provision
of the Services under this Agreement at any time and is not obligated to
bear any liability to you or any third party, if any of the following
events occur:
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You are under the minimum age in order to receive Playmate
services;
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You violate the Terms of Use stipulated in this Agreement, including
but not limited to posting or uploading Restricted and Inappropriate
Content;
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You fail to make a payment for using paid-for Services.
2.5 EXCEPT FOR THE EXPRESS REPRESENTATIONS AND WARRANTIES SET FORTH IN
THIS AGREEMENT, Playmate MAKES NO WARRANTY IN CONNECTION WITH THE
SUBJECT MATTER OF THIS AGREEMENT AND Playmate HEREBY DISCLAIMS ANY AND
ALL OTHER WARRANTIES, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING
ALL IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND ANY IMPLIED WARRANTIES ARISING FROM
COURSE OF DEALING OR PERFORMANCE, REGARDING SUCH SUBJECT MATTER.
3. Content
3.1 Playmate Content
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As between you and Playmate, all content, software, images, text,
graphics, illustrations, logos, patents, trademarks, service marks,
copyrights, photographs, audio, music on and "look and feel" of the
Services, and all intellectual property rights related thereto (the
"Playmate Content"), are either owned or licensed by Playmate, it
being understood that you or your licensors will own any User Content
you upload or transmit through the Services. Use of the Playmate
Content or materials on the Services for any purpose not expressly
permitted by these Terms is strictly prohibited. Such content may not
be downloaded, copied, reproduced, distributed, transmitted,
broadcast, displayed, sold, licensed or otherwise exploited for any
purpose whatsoever without our or, where applicable, our licensors’
prior written consent. We and our licensors reserve all rights not
expressly granted in and to their content.
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You acknowledge and agree that we may generate revenues, increase
goodwill or otherwise increase our value from your use of the
Services, including, by way of example and not limitation, through the
sale of Virtual Items and value-added services, and except as
specifically permitted by us in these Terms or in another agreement
you enter into with us, you will have no right to share in any such
revenue, goodwill or value whatsoever. You further acknowledge that,
except as specifically permitted by us in these Terms or in another
agreement you enter into with us, you (i) have no right to receive any
income or other consideration from any User Content or your use of any
musical works, sound recordings or audiovisual clips made available to
you on or through the Services, including in any User Content created
by you, and (ii) are prohibited from exercising any rights to monetize
or obtain consideration from any User Content within the Services or
on any third party service (e.g. , you cannot claim User Content that
has been uploaded to a social media platform such as YouTube for
monetization).
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Subject to the terms and conditions of the Terms, you are hereby
granted a non-exclusive, limited, non-transferable, non-sublicensable,
revocable, worldwide license to access and use the Services, including
to download the Platform on a permitted device, and to access the
Playmate Content solely for your personal, non-commercial use through
your use of the Services and solely in compliance with these Terms.
Playmate reserves all rights not expressly granted herein in the
Services and the Playmate Content. You acknowledge and agree that
Playmate may terminate this license at any time for any reason or no
reason.
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NO RIGHTS ARE LICENSED WITH RESPECT TO SOUND RECORDINGS AND THE
MUSICAL WORKS EMBODIED THEREIN THAT ARE MADE AVAILABLE FROM OR THROUGH
THE SERVICE.
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You acknowledge and agree that when you view content provided by
others on the Services, you are doing so at your own risk. The content
on our Services is provided for general information only. It is not
intended to amount to advice on which you should rely. You must obtain
professional or specialist advice before taking, or refraining from,
any action on the basis of the content on our Services.
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We make no representations, warranties or guarantees, whether express
or implied, that any Playmate Content (including User Content) is
accurate, complete or up to date. Where our Services contain links to
other sites and resources provided by third parties, these links are
provided for your information only. We have no control over the
contents of those sites or resources. Such links should not be
interpreted as approval by us of those linked websites or information
you may obtain from them. You acknowledge that we have no obligation
to pre-screen, monitor, review, or edit any content posted by you and
other users on the Services (including User Content).
3.2 User-Generated Content
a. Content Lisensed
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Users of the Services may be permitted to upload, post or transmit
(such as via a stream) or otherwise make available content through the
Services including, without limitation, any text, photographs, user
videos, sound recordings and the musical works embodied therein,
including videos that incorporate locally stored sound recordings from
your personal music library and ambient noise ("User Content"). Users
of the Services may also extract all or any portion of User Content
created by another user to produce additional User Content, including
collaborative User Content with other users, that combine and
intersperse User Content generated by more than one user. Users of the
Services may also overlay music, graphics, stickers, Virtual Items and
other elements provided by Playmate ("Playmate Elements") onto this
User Content and transmit this User Content through the Services. The
information and materials in the User Content, including User Content
that includes Playmate Elements, have not been verified or approved by
us. The views expressed by other users on the Services (including
through use of the virtual gifts) do not represent our views or
values.
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Whenever you access or use a feature that allows you to upload or
transmit User Content through the Services (including via certain
third party social media platforms such as Instagram, Facebook,
YouTube, Twitter), or to make contact with other users of the
Services, you must comply with the standards set out at "Your Access
to and Use of Our Services" above. You may also choose to upload or
transmit your User Content, including User Content that includes
Playmate Elements, on sites or platforms hosted by third parties. If
you decide to do this, you must comply with their content guidelines
as well as with the standards set out at "Your Access to and Use of
Our Services" above.
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You warrant that any such contribution does comply with those
standards, and you will be liable to us and indemnify us for any
breach of that warranty. This means you will be responsible for any
loss or damage we suffer as a result of your breach of warranty.
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Any User Content will be considered non-confidential and
non-proprietary. You must not post any User Content on or through the
Services or transmit to us any User Content that you consider to be
confidential or proprietary. When you submit User Content through the
Services, you agree and represent that you own that User Content, or
you have received all necessary permissions, clearances from, or are
authorized by, the owner of any part of the content to submit it to
the Services, to transmit it from the Services to other third party
platforms, and/or adopt any third party content.
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Through-To-The-Audience Rights. All of the rights you grant in your
User Content in these Terms are provided on a through-to-the-audience
basis, meaning the owners or operators of third party services will
not have any separate liability to you or any other third party for
User Content posted or used on such third party service via the
Services.
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Waiver of Rights to User Content. By posting User Content to or
through the Services, you waive any rights to prior inspection or
approval of any marketing or promotional materials related to such
User Content. You also waive any and all rights of privacy, publicity,
or any other rights of a similar nature in connection with your User
Content, or any portion thereof, unless privacy setting is applied
when you post such content. To the extent any moral rights are not
transferable or assignable, you hereby waive and agree never to assert
any and all moral rights, or to support, maintain or permit any action
based on any moral rights that you may have in or with respect to any
User Content you Post to or through the Services.
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We also have the right to disclose your identity to any third party
who is claiming that any User Content posted or uploaded by you to our
Services constitutes a violation of their intellectual property
rights, or of their right to privacy, and such disclosure will be
pursuant to a legally binding court order.
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We, or authorised third parties, reserve the right to cut, crop, edit
or refuse to publish, your content at our or their sole discretion. We
have the right to remove, disallow, block or delete any posting you
make on our Services if, in our opinion, your post does not comply
with the content standards set out at "Your Access to and Use of Our
Services" above. In addition, we have the right – but not the
obligation – in our sole discretion to remove, disallow, block or
delete any User Content (i) that we consider to violate these Terms,
or (ii) in response to complaints from other users or third parties,
with or without notice and without any liability to you. As a result,
we recommend that you save copies of any User Content that you post to
the Services on your personal device(s) in the event that you want to
ensure that you have permanent access to copies of such User Content.
We do not guarantee the accuracy, integrity, appropriateness or
quality of any User Content, and under no circumstances will we be
liable in any way for any User Content. You control whether your User
Content is made publicly available on the Services to all other users
of the Services or only available to people you approve. To restrict
access to your User Content, you should select the privacy setting
available within the Platform.
b. Copyrighted Content
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If you only own the rights in and to a sound recording, but not to
the underlying musical works embodied in such sound recordings, then
you must not post such sound recordings to the Services unless you
have all permissions, clearances from, or are authorized by, the owner
of any part of the content to submit it to the Services.
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You or the owner of your User Content still own the copyright in User
Content sent to us, but by submitting User Content via the Services,
you hereby grant us an unconditional irrevocable, non-exclusive,
royalty-free, fully transferable, perpetual worldwide license to use,
modify, adapt, reproduce, make derivative works of, publish and/or
transmit, and/or distribute and to authorize other users of the
Services and other third-parties to view, access, use, download,
modify, adapt, reproduce, make derivative works of, publish and/or
transmit your User Content in any format and on any platform, either
now known or hereinafter invented.
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You further grant us a royalty-free license to use your user name,
image, voice, and likeness to identify you as the source of any of
your User Content.
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For the avoidance of doubt, the rights granted in the preceding
paragraphs of this Section include, but are not limited to, the right
to reproduce sound recordings (and make mechanical reproductions of
the musical works embodied in such sound recordings), and publicly
perform and communicate to the public sound recordings (and the
musical works embodied therein), all on a royalty-free basis. This
means that you are granting us the right to use your User Content
without the obligation to pay royalties to any third party, including,
but not limited to, a sound recording copyright owner (e.g., a record
label), a musical work copyright owner (e.g., a music publisher), a
performing rights organization (e.g., ASCAP, BMI, SESAC, etc.) (a
"PRO"), a sound recording PRO (e.g., Sound Exchange), any unions or
guilds, and engineers, producers or other royalty participants
involved in the creation of User Content.
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Specific Rules for Musical Works and for Recording Artists. If you
are a composer or author of a musical work and are affiliated with a
PRO, then you must notify your PRO of the royalty-free license you
grant through these Terms in your User Content to us. You are solely
responsible for ensuring your compliance with the relevant PRO’s
reporting obligations. If you have assigned your rights to a music
publisher, then you must obtain the consent of such music publisher to
grant the royalty-free license(s) set forth in these Terms in your
User Content or have such music publisher enter into these Terms with
us. Just because you authored a musical work (e.g., wrote a song) does
not mean you have the right to grant us the licenses in these Terms.
If you are a recording artist under contract with a record label, then
you are solely responsible for ensuring that your use of the Services
is in compliance with any contractual obligations you may have to your
record label, including if you create any new recordings through the
Services that may be claimed by your label.
c. Restricted and Inappropriate Content
Users shall not distribute any content that is offensive, insensitive,
upsetting, intended to disgust, in exceptionally poor taste, or just
plain creepy on Playmate. Such as:
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Child Endangerment. We do not allow any content that sexualize minors
under 18 years old, including but not limited to, content that promote
pedophilia or inappropriate interaction targeted at a minor.
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CSAM. The creation and dissemination of child sexual abuse material
(CSAM) is an abhorrent crime and Playmate is committed to the fight
against the distribution of CSAM. Please refer to Section 4 for
further information
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Sexual Content and Profanity. Playmate is committed to providing
users with a safe and healthy internet environment. You shall not
upload, post, transmit, perform, or store any content that is
considered as sexual content or profanity, including pornography, or
any content intended to be sexually gratifying. Here are some examples
of common violations:
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Depictions of sexual nudity, or sexually suggestive poses in which
the subject is nude, blurred or minimally clothed, and/or where the
clothing would not be acceptable in an appropriate public
context.
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Depictions, animations or illustrations of sex acts, or sexually
suggestive poses or the sexual depiction of body parts.
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Content that depicts or are functionally sexual aids, sex guides,
illegal sexual themes and fetishes.
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Content that is lewd or profane - including but not limited to
content which may contain profanity, slurs, explicit text,
adult/sexual keywords.
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Content that depicts, describes, or encourages bestiality.
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Hate Speech. Hate speech is any form of expression through which
speakers intend to vilify, humiliate, or incite hatred against a group
or a class of persons on the basis of race, religion, skin color,
sexual identity, gender identity, ethnicity, disability, national
origin or any other characteristic that is associated with systemic
discrimination or marginalization.
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Violence. Depictions of realistic violence or violent threats to any
person, or encourage illegal or reckless use of weapons and dangerous
objects, or facilitate the purchase of firearms or ammunition.
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Terrorist Content. Any messages, text, sound, images, code or other
data or materials that incites or advocates committing terrorist
offence, promotes the activities of a terrorist group or provides
instructions and techniques for committing terrorist offence will be
defined as Terrorist Content.
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Bullying and Harassment. Bullying and harassment are behaviors
intended to humiliate or intimidate an individual, such as bullying
victims of international or religious conflicts, content that seeks to
exploit others, including extortion, blackmail, etc., posting content
in order to humiliate someone publicly.We accept no liability in
respect of any content submitted by users and published by us or by
authorised third parties. If you wish to complain about information
and materials uploaded by other users, please contact us in Playmate
APP Feedback in Settings or email to support@arabicplaymate.com Before
we can respond to your request, you may be required to verify your
identity or your account details.
d. We accept no liability in respect of any content submitted by users
and published by us or by authorised third parties. If you wish to
complain about information and materials uploaded by other users, please
contact us in Playmate APP Feedback in Settings or email to
support@arabicplaymate.com Before we can respond to your request, you
may be required to verify your identity or your account details.
e. Playmate takes reasonable measures to expeditiously remove from our
Services any infringing material that we become aware of. It is
Playmate’s policy, in appropriate circumstances and at its discretion,
to disable or terminate the accounts of users of the Services who
repeatedly infringe copyrights or intellectual property rights of
others.
f. While our own staff is continually working to develop and evaluate
our own product ideas and features, we pride ourselves on paying close
attention to the interests, feedback, comments, and suggestions we
receive from the user community. If you choose to contribute by sending
us or our employees any ideas for products, services, features,
modifications, enhancements, content, refinements, technologies, content
offerings (such as audio, visual, games, or other types of content),
promotions, strategies, or product/feature names, or any related
documentation, artwork, computer code, diagrams, or other materials
(collectively "Feedback"), then regardless of what your accompanying
communication may say, the following terms will apply, so that future
misunderstandings can be avoided. Accordingly, by sending Feedback to us
, you agree that:
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Playmate has no obligation to review, consider, or implement your
Feedback, or to return to you all or part of any Feedback for any
reason;
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Feedback is provided on a non-confidential basis, and we are not
under any obligation to keep any Feedback you send confidential or to
refrain from using or disclosing it in any way;
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And You irrevocably grant us perpetual and unlimited permission to
reproduce, distribute, create derivative works of, modify, publicly
perform (including on a through-to-the-audience basis), communicate to
the public, make available, publicly display, and otherwise use and
exploit the Feedback and derivatives thereof for any purpose and
without restriction, free of charge and without attribution of any
kind, including by making, using, selling, offering for sale,
importing, and promoting commercial products and services that
incorporate or embody Feedback, whether in whole or in part, and
whether as provided or as modified.
4. Prohibition on Child Sexual Abuse and Exploration
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Strict Prohibition: The use of Playmate in any way to engage in,
promote, or facilitate child sexual abuse or exploration is strictly
prohibited. This includes but is not limited to the creation,
distribution, or possession of any child sexual abuse material (CSAM),
such as images, videos, or written content involving the sexual
exploitation of children.
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Reporting Obligation: Users are obligated to report any suspected
child sexual abuse or exploration activities they encounter within
Playmate to the appropriate authorities immediately. Playmate provider
also reserves the right to report such activities on behalf of the
users and cooperate fully with law enforcement agencies in any
investigations.
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Zero Tolerance Policy: Playmate has a zero tolerance policy towards
any form of child sexual abuse and exploration. Any user found to be
in violation of this prohibition will have their account permanently
suspended and may be subject to legal prosecution. Playmate provider
will take all necessary measures to ensure the safety and protection
of children and to prevent Playmate from being used for such illegal
and immoral purposes.
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User Awareness: By using this application, users acknowledge and
agree to abide by this prohibition. Playmate provider will make
reasonable efforts to educate users about the importance of preventing
child sexual abuse and exploration and will provide information and
resources to help users recognize and report such activities.
5. Privacy
You acknowledge that you have read and fully understand our Privacy
Policy, which describes how we handle the data you provide to us or
generated when you use our Services. If you have any question, please
contact us at: support@arabicplaymate.com
6. Refund Policy
Unless otherwise required by the applicable law, no refund will be
entertained after the virtual items (such as "coins") has been
purchased.
7. Terminating Services
You may terminate Playmate Services and this Agreement by revoking your
Playmate account. You may contact us at:
support@arabicplaymate.com
8. Disclaimers
8.1 You shall be fully responsible for any risks involved in using
Playmate Services. Any use or reliance on Playmate Services will be at
your own risk.
8.2 Under no circumstance does Playmate guarantee that the Services
will satisfy your requirements, or guarantee that the Services will be
uninterrupted. The timeliness, security and accuracy of the Services are
also not guaranteed. You acknowledge and agree that the Services is
provided by Playmate on an "as is" basis. Playmate make no
representations or warranties of any kind express or implied as to the
operation and the providing of such Services or any part thereof.
Playmate shall not be liable in any way for the quality, timeliness,
accuracy or completeness of the Services and shall not be responsible
for any consequences which may arise from your use of such
Services.
8.3 Playmate does not guarantee the accuracy and integrity of any
external links that may be accessible by using the Services and/or any
external links that have been placed for the convenience of you.
Playmate shall not be responsible for the content of any linked site or
any link contained in a linked site, and Playmate shall not be held
responsible or liable, directly or indirectly, for any loss or damage in
connection with the use of the Services by you. Moreover, Playmate shall
not bear any responsibility for the content of any web page that you are
directed via an external link that is not under the control of
Playmate.
8.4 Playmate shall not bear any liability for the interruption of or
other inadequacies in the Services caused by circumstances of force
majeure, or that are otherwise beyond the control of Playmate. However,
as far as possible, Playmate shall reasonably attempt to minimize the
resulting losses of and impact upon you.
9. Other Terms
9.1 This Agreement constitutes the entire agreement of agreed items and
other relevant matters between both parties. Other than as stipulated by
this Agreement, no other rights are vested in either Party to this
Agreement.
9.2 If any provision of this Agreement is rendered void or
unenforceable by competent authorities, in whole or in part, for any
reason, the remaining provisions of this Agreement shall remain valid
and binding.
9.3 The headings within this Agreement have been set for the sake of
convenience, and shall be disregarded in the interpretation of this
Agreement.
10. Contact us
If you have any questions regarding this privacy statement, the
processing of your personal data, you can contact us directly. We are
also available to you in the case of requests for information, requests
or complaints:
E-MAIL: support@arabicplaymate.com