PlayHub Services – PlayLog Terms of Use
Effective Date: These Terms of Use are effective and were last updated as of September 30, 2023.
important! Please carefully read these terms of use ("Terms"), including the mandatory arbitration provision, which requires that disputes are resolved by final and binding arbitration on an individual and not a class-wide or
consolidated basis.
These PlayLog Terms of Use (the “Terms”) constitute a binding agreement between you and PlayHub, Inc. (“PH,” “we,” or “us”) governing your use of Playlogapp.com, the PlayLog mobile application, and any other PlayLog
branded website, mobile application, or other feature or service offered by us that posts these Terms of Use (collectively, “PlayLog”). By accessing or using any part of PlayLog, you signify your agreement to these Terms. Your use of
PlayLog is also governed by our Privacy Policy. If you do not agree to these Terms or our Privacy Policy, you may not access or use any part of PlayLog.
Table of Contents
Account Registration
Intellectual Property
Use Conduct
Investigations
Sweepstakes, Contests, and Promotions
Third Party Content, Links, and Applications
Indemnification
Suspension and termination
Disclaimer of Warranties
Limitation of Liability
Location and territorial Restrictions
Binding ArbitrationMobile
Additional Terms Regarding Apple App Store
Governing Law and Venue
Changes to Terms
Changes to Services
General Provisions
Contact Us
1. Account Registration
To access some features of PlayLog, you may be required to create an account (“User Account”) and/or connect via a third party platform like Facebook, Google, or Netflix. You must be at least 16 years of age to register for a User
Account, and by registering you represent and warrant that you are eligible for a User Account under this provision.
When creating a PlayLog account, you agree that all account registration information you submit will be accurate and updated. You are prohibited from choosing a user ID: (a) that is subject to the rights of another person without
permission; (b) with the intent to impersonate another person, entity, business or organization; or (c) that is inappropriate, offensive or obscene. We reserve the right to refuse account registration for any reason or no reason.
You are responsible for maintaining the confidentiality of your password. You agree to notify us immediately, as set forth in the Contact Us section below, of any unauthorized use of your account and agree that PlayHub is not liable for
any loss or damage arising from your failure to safeguard your password. To the fullest extent allowed by law, all activity conducted in connection with your User Account will be your responsibility.
Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in any account
stored or hosted on the Service, and you further acknowledge and agree that all rights in and to such accounts are and shall forever be owned by and inure to the benefit of PlayHub. You may not transfer, share or make available your
account information to others. Any distribution by you of your account information may result in suspension, termination or cancellation of your access to the Service.
2. Intellectual Property
• a. PlayHub Ownership
Except with respect to User Content (defined below), PlayHub, its licensors, or suppliers own all rights, title and interest in and to all other content, software (including source code), logos, icons, PlayLog's "look and feel," text, graphics,
images, video clips, sound clips, notices, data, page layout, selection and
arrangement of the content at PlayLog, the features and functionality of PlayLog, and any compilation of the foregoing, and all copyrights, trademarks, patents, trade secrets, and other intellectual property rights embodied therein,
whether or not applied for or registered (collectively, “PlayLog Content”).
The PlayLog Content and the User Content is collectively referred to in these Terms as “Content.”
You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display,
incorporate into another website, app, or other service, or in any way exploit any of the PlayLog Content, in whole or in part, except as set forth in these
Terms, without the specific permission of PlayHub or its licensors or suppliers.
Any third party trademarks present on PlayLog are trademarks of their respective owners. Any images of persons or personalities contained on PlayLog are not an indication or endorsement of PlayHub or any particular
product or PlayHub's services unless otherwise indicated.
PlayHub and its licensors and suppliers reserve all rights not expressly granted in and to the PlayLog Content.
• b. Our License to You
Subject to your compliance with these Terms, we grant you a limited, personal, revocable, non-exclusive, nontransferable license to:
• i. download, install, access and use PlayLog solely for your personal, non- commercial use on computers and/or devices that you own or control;
• ii. link to PlayLog, provided however, that your or any third party website, app, or other service that links to PlayLog (1) must not frame or create a browser or border environment around any of PlayLog Content orotherwise mirror any part of PlayLog; (2) must not imply that PlayHub is
endorsing or sponsoring it or its products or services, unless PlayHub has given it prior written consent; (3) must not present false information about, or disparage, tarnish, or otherwise, in PlayHub’s sole opinion, harm PlayHub or PlayLog; (d) must not use any PlayHub trademarks without the prior written permission from PlayHub; (e) must not contain content that could be construed as distasteful, offensive or controversial or otherwise objectionable (in PlayHub’s sole opinion); and (f) must be
owned and controlled by you or the person or entity placing the link, or otherwise permit you to enable such link subject to these Terms. By linking to PlayLog, you agree that you do and will continue to comply with
the above linking requirements. Notwithstanding anything to the contrary contained in these Terms, PlayHub reserves the right to prohibit linking to PlayLog for any reason in our sole and absolute discretion even
if the linking complies with the requirements described above.
The foregoing license does not include any right to modify, publish, participate in the transfer or sale of, reproduction, or creation of derivative works from the PlayLog Content, except as and only to the extent expressly stated above.
We reserve any and all rights not expressly granted to you pursuant to these Terms. The limited rights granted to you to download, install, access and use PlayLog comprise a limited license and do not constitute the sale of any
software program.
• c. User Content You may have the opportunity to publish, transmit, or otherwise make available (collectively, “Post”) through PlayLog certain content, including comments, photos, images, and other material or information (collectively, "User Content").
You are solely responsible for the User Content that you Post on or through PlayLog. You acknowledge that other users of the PlayLog, and not PlayHub, are similarly responsible for all User Content they Post using PlayLog. You agree
that you have no right, title, or interest in or to any Content that you have not Posted that appears on or through PlayLog. PlayHub does not, and cannot, pre-screen or monitor all User Content. However, our representatives may monitor and/or record your
communications when you are on PlayLog, and you hereby provide your irrevocable consent to such monitoring and recording. You acknowledge and
agree that you have no expectation of privacy concerning the transmission of any User Content, including without limitation chat text or voice
communications.We are not responsible or liable for any User Content. We have the right, but not the obligation, in our sole discretion, to edit, refuse to post or remove any User
Content.
• d. Your User Content License to PlayHub You hereby grant to PlayHub a non-exclusive, universe-wide, royalty-free, sublicensable, perpetual and irrevocable right and license (including any moral
rights) to use, copy, modify, adapt, create derivative works from, distribute, publicly display, publicly perform, publish, and otherwise exploit any User Content provided by you, as well as all modified and derivative works thereof,
in whole or in part, in any languages, together (at PlayHub’s option) with the names and likenesses of any persons identifiable therein, and in any form or media now known or later developed, without any further notice to you, and
without any requirement of permission from or payment to you or any other person or entity. To the extent permitted by applicable laws, you hereby waive any moral rights you have in any User Content.
• e. No Confidential Relationship/No Unsolicited Materials Except as otherwise described in our Privacy Policy, any User Content will be treated as non-confidential and non-proprietary and we will not be liable for
any use or disclosure of User Content. You acknowledge and agree that your relationship with PlayHub is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any User Content does not
impose any confidentiality obligations on PlayHub.
It is our policy not to accept or consider content, information, ideas, suggestions or other materials other than those we have specifically requested, to which certain specific terms, conditions and requirements may apply. This is to avoid
any misunderstandings if your ideas are similar to those we have developed or are developing independently. Accordingly, PlayHub does not accept unsolicited
materials or ideas, and takes no responsibility for any materials or ideas so transmitted and you agree that any such ideas transmitted to PlayHub are included in the above license you grant to PlayHub for any User Content.
You agree and understand that we are not obligated to post, keep, or use your
User Content.
• f. Your Warranty to PlayHub
You represent and warrant that you are the owner of all rights, title, and interest in and to the User Content you post (or that such User Content is in the public domain), or otherwise have all rights necessary to grant the license provided
for in these Terms, including without limitation that any other holder of anyuniverse-wide intellectual property right, including moral rights (to the extent allowed by applicable law), in the User Content you Post has completely and
effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You further warrant that the User Content you Post is accurate; will not violate the rights of any third party,
including without limitation any copyright, property, or privacy right; does not violate these Terms; and will not cause injury to any person or entity. In the event any User Content you Post on or through PlayLog infringes or may,
in PlayHub’s sole judgment, infringe on another's intellectual property or other rights, PlayHub reserves the right to remove such User Content, which may occur at any time and without prior notice.
• g. Copyright and Other Intellectual Property Infringement Claims
• i. Termination of Repeat Infringer Accounts. It is our policy, in appropriate circumstances and at our sole discretion, to disable or terminate the accounts of users who repeatedly infringe copyrights or
intellectual property rights of others.
• ii. DMCA Take-Down Notices. If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided PlayLog infringe upon your copyrights, you may submit a notification pursuant to
the Digital Millennium Copyright Act (see 17 U.S.C 512) ("DMCA") by sending the following information in writing to PlayHub's designated copyright agent at PlayHub, Inc. 23456 Saleh bin Sweed Street., Jeddah,
Makkah Region 8108, or by phone at +966540704000 or by email at legal@Playhubweb.com: A physical or electronic signature of a person authorized to act on behalf
of the owner of an exclusive right that is allegedly infringed;
• An identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
• An identification of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work within PlayLog;
• Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and/or email address;
• A written statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement by you, made under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf
of the owner of an exclusive right that is allegedly infringed.
• iii. Other Rights. If you believe that any content on PlayLog violates your exclusive rights other than copyrights, please provide us at least the following information: (a) your physical or electronic signature; (b)
identification of the material that you claim is infringing your exclusive rights and information reasonably sufficient to permit us to locate the material; (c) an explanation of the exclusive rights that you own/have
and why the you believe the content infringes those rights, sufficient for us to evaluate the complaint; and (d) accurate contact information for you. Please send your complaint to legal@PlayHubweb.com.
• iv. It is often difficult to determine if your intellectual property rights have been violated or if the DMCA requirements have been met. We may request additional information before we remove any infringing
material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove your content along with that of the alleged infringer pending resolution of the matter.
3. User Conduct
As a condition of your use of PlayLog, you agree not to use PlayLog for any purpose prohibited by these Terms, by applicable law, or in any other manner that we deem objectionable in our sole discretion. You will not,
and will not permit or assist any third party to, take any action or Post any User Content on or though PlayLog that:
• a. is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;
• b. is unlawful, harassing, discriminatory, unethical, disruptive, or for the promotion of illegal activities;
• c. infringes on any copyright, trademark, patent, trade secret, right of publicity, right of privacy, or any other right of another person or entity;
• d. asks users for or discloses their personal information, including their address, phone number, e-mail address, credit card number, or any
• information that may be used to track, contact, or impersonate that individual or that is extremely personal in nature;
• e. uses PlayLog for any commercial purpose, including without limitation contests and sweepstakes; and product or service sales, rental, leasing,
or barter;
• f. constitutes spam, chain letters, surveys, or unauthorized or unsolicited advertising;
• g. contains information that is malicious, false, or inaccurate;
• h. improperly claims the identity of or otherwise impersonates another person or entity;
• i. uses, reproduces, or removes any copyright, trademark, or other proprietary notices from any PlayLog or third party materials;
• j. makes any automated use of PlayLog, or takes any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
• k. tampers, interferes with, or disturbs PlayLog's functionality;
• l. engages in or attempts to engage in any potentially harmful acts that are directed against PlayLog, including but not limited to violating or attempting to violate any security features of PlayLog, including digital
rights-management technology or other features or technology that limits or prevents use of PlayLog or the Content therein; using manual or automated software or other means to scrape, crawl, spider, or similarly
access any portion of PlayLog or harvest or manipulate data (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from our websites for the sole purpose of
and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); introducing or sending viruses, worms, spyware, malware, or
any other kind of harmful code into or through PlayLog; interfering or attempting to interfere with the proper functioning of or use by others of PlayLog, including by means of overloading, flooding, spamming, mail
bombing, or crashing PlayLog;
• m. decompiles, disassembles, reverse engineers, or reverse assembles PlayLog or any part of it, or otherwise attempts to discover any PlayLog source code or underlying proprietary information;
• n. publishes or links to malicious content that may damage or disrupt another user's browser or computer; or
• o. in relation to any Content owned or distributed by us or our partners as well any digital media player provided in PlayLog, clips, advertisements, graphics and characters: (i) modifying or using any
Content otherwise than as allowed under these Terms; (ii) using, marketing or re-distributing any Content through any software application other than PlayLog; (iii) downloading, re-transmitting,
reproducing or storing the Content on any device or media (other thanfor any brief periods of time necessary for viewing or streaming the Content); and/or (iv) reformatting, optimizing or customizing the
Content for display, distribution, or transmission.
You agree that your User Content and your conduct in using PlayLog complies with the foregoing and acknowledge and agree that we have the right to determine whether your User Content is appropriate and complies
with these Terms, to remove any of your User Content, and to terminate your account with or without prior notice.
You are solely responsible for your interactions with any other users and third parties with whom you interact. Notwithstanding the foregoing, we reserve the right (but have no obligation) to intercede in any disputes that
arise out of those interactions. You agree that PlayHub is not and will not be responsible for any liability incurred as the result of such interactions. We do not approve, endorse, or make any representations or warranties with
respect to User Content. You access and use all User Content and interact with other users at your own risk.
4. Investigations
We reserve the right to investigate User Content, as well as violations of these Terms, including by requesting evidence of your rights in and to the User Content. PlayHub reserves the right to refuse and/or remove any
Content, for any reason we deem, in our sole discretion, to be appropriate. By using PlayLog, you irrevocably consent to such investigations.
5. Sweepstakes, Contests, and Promotions
Any sweepstakes, contests or other promotions (any, a “Promotion”) that may be offered via PlayLog may be governed by a separate set of rules that may have eligibility requirements, such as certain age or geographic area
restrictions, terms and conditions governing the Promotion, use of User Content, and disclosures about how your personal information may be used. It is your responsibility to read these rules to determine whether or not you
want to and are eligible to participate, register and/or enter, and to determine the applicable terms and conditions of the Promotion. By participating in a Promotion, you will be subject to those official rules, and
you agree to comply with and abide by such rules and the decisions of the identified sponsor(s).6. Third Party Content, Links, and Applications PlayLog may enable you to access other sites, such as YouTube, and their
mobile applications through links or may include third party content that we do not control, maintain, or endorse. By using PlayLog, you are also agreeing to the YouTube Terms of Service. These sites, apps, and content are not
owned or controlled by playHub, and as a result, we are not responsible or liable for, and you release us from, any loss or damage incurred by you as a result of any dealings between you and these third parties, or the failure of
these third party sites or apps to function properly. The inclusion of any link or grant of access on PlayLog does not imply or express an affiliation or endorsement of the site, app, or contents. The Service may also enable you
to share content from PlayLog with a third party, which may be publicly posted on that third party's site or application, and would therefore be subject to the third party's terms of service and privacy policy. You are
responsible for reading the third party's terms of service and privacy policy, and you acknowledge that PlayHub is not responsible or liable for, and you release us from, any loss or damage incurred by you as a result of your access
and interaction with such third parties.
7. Indemnification
To the fullest extent permitted by law, you agree to indemnify and hold harmless PlayHub, its parents, subsidiaries, affiliates, officers, employees, agents, partners, and licensors (collectively, the “PlayHub Parties”) from and
against any and all liabilities, claims, damages, taxes, fines, penalties, expenses (including reasonable attorneys' fees and costs), and other losses arising out of or in any way related to (a) your User Content; (b) your breach
or alleged breach of these Terms or any applicable laws, rules, or regulations; (c) your use of or inability to use PlayLog; or (d) your violation of any rights of another party, including other users. We reserve the right, at
our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available
defenses.
8. Suspension and Termination
We reserve the right to suspend or terminate your access to all or some of PlayLog with or without notice if we, in our sole discretion, determine that you are in breach of these Terms or have engaged in conduct that we, in our
sole discretion, deem inappropriate.In the event of suspension or termination by PlayHub, we may delete or change your password(s) associated with your User Account; delete or change your User Account, including deleting your User Content, history, and
favorites; and bar your further use of PlayLog, as well as that of anyone sharing your email address or other account credentials. You understand that such actions may be taken without any liability whatsoever to you for
any suspension or termination, including for deletion of User Content. All provisions of these Terms which by their nature should survive termination, will survive termination of your access to PlayLog, including without limitation, ownership provisions, warranty disclaimers, limitations
of liability, and dispute resolution provisions.
If your access to playLog is terminated under these Terms, then you agree that you will not attempt to re-register with or access PlayLog through use of a different username or otherwise. In the event that you violate the
immediately preceding sentence, we reserve the right, in our sole discretion, to immediately take any or all of the actions set forth in these Terms without any notice or warning to you.
9. Disclaimer of Warranties
To the extent permitted by applicable law, your use of PlayLog is at your sole risk, and PlayLog is provided on an "as is” and “as available” basis, with all faults. We reserve the right to amend errors and update service information
at any time without prior notice. PlayHub expressly disclaims all warranties, representations, and conditions of any kind, whether express or implied, including, without limitation, any implied warranties or conditions of
merchantability, fitness for a particular purpose, and non-infringement arising from use of PlayLog. Neither PlayHub nor its suppliers and licensors makes any warranty or guarantee with respect to PlayLog’s quality,
effectiveness, reputation and other characteristics or that PlayLog will meet your requirements; be error free, reliable, or free of viruses and other harmful components; or that access to PlayLog will be timely and
uninterrupted.
Any Content downloaded from or otherwise accessed through PlayLog is accessed at your own risk, and you will be solely responsible for any damage
to your property, including, but not limited to, your computer system and any device you use to access PlayLog, or any other loss that results from
accessing such Content.10. Limitation on Liability To the fullest extent permitted by law, in no event shall the PlayHub parties,
be liable to you for any loss of profits, revenue or data, indirect, incidental, special, or consequential damages arising out of or in connection, directly or
indirectly, with (a) your use or misuse of PlayLog or any part thereof; (b) any claim that your User Content caused damage to a third party; (c) your breach
or alleged breach of any provision of these Terms; (d) your violation of any rights of another, including without limitation any copyright, property, or
privacy right; or (e) any User Content you Post through PlayLog; (f) any bugs, viruses, trojan horses, or the like, regardless of their origin; (g) any other
interaction with PlayLog or any other user of PlayLog whether based on warranty, contract, tort (including negligence), or any other legal theory,
whether or not you have been advised of the possibility of such damages. You agree that your only right with respect to any problems or
dissatisfaction with PlayLog is to discontinue use of PlayLog. To the fullest extent permitted by law, in no event will PlayHub's total liability to you for
all damages or losses exceed the greater of (i) the amounts you have paid PlayHub to use PlayLog, or (ii) fifty United States Dollars (US$50.00). The
foregoing limitations will apply even if the above stated remedy fails of its essential purpose, but will not apply to liability of a PlayHub Party for any
injury caused by the PlayHub Party’s fraud or fraudulent misrepresentation. The limitations of damages set forth above are fundamental elements of the
basis of the bargain between PlayHub and you.
11. Location and Territorial Restrictions
PlayLog is not intended for distribution in or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject PlayHub to any
registration requirement within such jurisdiction or country. PlayHub controls and operates PlayLog from offices located in the Kingdom of Saudi Arabia and makes no representations or warranties that the
information, products, or services contained in PlayLog are appropriate for use or access in other locations. Anyone using or accessing PlayLog from other locations does so on their own initiative and is responsible for
compliance with Saudi Arabia and local laws regarding online conduct and acceptable content, if and to the extent such laws are applicable. We reserve the right to limit the availability of PlayLog and/or the provision of any
content, service, or other feature described or available at PlayLog to any person, geographic area, or jurisdiction, at any time and in our solediscretion, and to limit the quantities of any such content, service, or other
feature that we provide.
You agree to comply with all rules, laws, and regulations that are applicable to your use of PlayLog, including without limitation those governing your transmission or use of any software or data.
12. Binding Arbitration (“Arbitration Agreement”)
The dispute resolution provisions of this Section 12 are voluntary for residents of countries other than the Saudi Arabia. If you are a Saudi Arabia resident, the provisions of this Section 12 are binding.
• a. Applicability of Arbitration Agreement. You agree that any dispute or claim relating in any way to your access or use of PlayLog, to these Terms, or to any aspect of your relationship with PlayHub, will be resolved by
binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class,
non-representative) basis; and (2) you or PlayHub may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets,
copyrights, and patents). You agree that you must commence any arbitration or other claim within one (1) year after the dispute arises, otherwise the claim is permanently barred, which means that you will no
longer have the right to assert a claim regarding the dispute. This Arbitration Agreement will apply, without limitation, to all claims that arose or were asserted before the effective date of these Terms or any
prior version of this Arbitration Agreement.
If you agree to arbitration with PlayHub, you are agreeing in advance that you will not participate in or seek to recover monetary or other relief in any lawsuit filed against the PlayHub Parties alleging class, collective, and/or
representative claims on your behalf. Instead, by agreeing to arbitration, you may bring your claims against the PlayHub Parties in an individual
arbitration proceeding (except for any Batch Arbitration, as described below). If successful on such claims, you could be awarded money or other relief by an arbitrator. You acknowledge that you have been advised that you
may consult with an attorney in deciding whether to accept this agreement, including this Arbitration Agreement.
The Saudi Center for Commercial Arbitration governs the interpretation and enforcement of this Arbitration Agreement.• b. Process. To begin a claim, you must first send a letter describing your
claim in detail, including your name and contact information, your legal claim, the specific facts giving rise to your claim (including the date(s) and amount(s) of any relevant transaction or interaction with us), and
the requested relief) to PlayHub, Inc., 23456 Saleh bin Sweed Street., Jeddah, Makkah Region 8108. You and we agree to attempt in good faith to negotiate an informal resolution of your claim. If a resolution is not
reached within thirty (30) days, you may commence an arbitration action as set forth herein. The arbitration will be conducted by an established alternative dispute resolution provider within Saudi Arabia. You may
choose to have the arbitration conducted by telephone, based on written submissions, or in person in the city where you live or at another mutually agreed location. PlayHub will be entitled to make an offer of judgment in the arbitration proceeding. If the offer of judgment is not
accepted, and the award is not more favorable than the unaccepted offer, you will be solely responsible for all costs incurred by PlayHub after the offer of judgment is made to the extent permitted by applicable law. Any
judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. • c. Fees. If the arbitrator finds that you cannot afford to pay the established alternative dispute resolution provider's filing,
administrative, hearing and/or other fees, and you cannot obtain a waiver from the established alternative dispute resolution provider, PlayHub will pay them for you. If the arbitrator determines the claims are
frivolous, you agree to pay PlayHub’s attorneys’ fees and costs in the arbitration, to the extent permitted by applicable law. • d. Authority of Arbitrator. The arbitrator, and not any Government agency, city or local court or agency will have exclusive authority to
resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to, any claim that all or any part of this Arbitration Agreement
is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and PlayHub. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or
parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim. The arbitrator will have the authority to award monetary damages and to grant any non-monetary
remedy or relief available to an individual under applicable law, the arbitral forum's rules, and these Terms (including the ArbitrationAgreement). The arbitrator will issue a written award and statement of
decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is
final and binding upon you and us.
• e. Waiver of Trial. You and PlayHub hereby waive any rights to sue in court and have a trial in front of a judge. You and PlayHub are instead electing that all claims and disputes will be resolved by arbitration under
this Arbitration Agreement, except as specified in Section 12(a) above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would.
However, there is no judge in arbitration, and court review of an arbitration award is subject to very limited review.
• f. Waiver of Class or Consolidated Actions. Except with respect to Batch Arbitration (as defined below), all claims and disputes within the scope of this Arbitration Agreement must be arbitrated on an individual basis
and not on a class basis, only individual relief is available, and claims of more than one customer or user cannot be arbitrated or consolidated with those of any other customer or user. In the event that this
subparagraph is deemed invalid or unenforceable neither you nor we are entitled to arbitration and instead claims and disputes will be resolved in a court as set forth in Section 15.
You and PlayHub agree that, in the event that there are fifty (50) or more individual requests for arbitration of a similar nature filed against PlayHub within an approximately (30) thirty-day period (or otherwise in close
proximity) regardless of the state(s) in which such claims are filed, the established alternative dispute resolution provider will administer all such similarly situated arbitration demands on a collective basis as a single,
consolidated arbitration (subject to a single set of fees, proceeding schedule, and, if required, hearing) before a single arbitrator in accordance with the requirements outlined elsewhere in this section, provided that – in the event
that the arbitrator deems it impracticable or inequitable to administer all such claims collectively in a single arbitration – (s)he may group demands for arbitration into groups of not fewer than twenty (20) matters, plus a remainder
group as needed (or as otherwise deemed by the arbitrator to be practicable,equitable, and in best keeping with the spirit of this provision) and arbitrate each group of matters as a single, consolidated arbitration (either structure a
“Batch Arbitration”). You and PlayHub agree (1) to work with the established alternative dispute resolution provider in good faith to facilitate the resolution of disputes on a Batch Arbitration basis and (2) that requests for arbitration are
of a “similar nature” if they arise out of the same event, agreement, or factual scenario and raise the same or similar legal issues and seek the same or similar
relief. Disagreements over the applicability of this Batch Arbitration process will be settled in a single, consolidated arbitration proceeding that includes all
affected parties and is resolved by a single arbitrator subject to the requirements of this section. This Batch Arbitration provision shall in no way
be interpreted as authorizing a class or collective arbitration or action of any kind, or any suit or arbitration involving joint or consolidated claims, under any
circumstances other than those expressly set forth in this section.
• g. 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out by contacting us at PlayHub, Inc., 23456 Saleh bin Sweed
Street., Jeddah, Makkah Region 8108 or legal@Playhubweb.com within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your PlayLog username (if
any), the email address you used to set up your PlayLog account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all
other parts of these Terms will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration
agreements that you may currently have, or may enter in the future, with us.
• h. Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts will be of no force and effect and will be severed and the
remainder of the Arbitration Agreement will continue in full force and effect.
• i. Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with PlayHub.•
j. Modification. Notwithstanding any provision in these Terms to the contrary, we agree that if PlayHub makes any future material change to this Arbitration Agreement, it will not apply to any individual claim(s)
that you had already provided notice to PlayHub.
13. Mobile
We may offer features and services that are available to you via your mobile phone or other mobile device. These features and services may include, without
limitation, the ability to Post User Content to PlayLog, receive messages from PlayLog (including, without limitation, push messages), download applications
to your mobile phone or access PlayLog features (collectively, the "Mobile Features"). Standard messaging, data and other fees may be charged by your
carrier. Fees and charges will appear on your mobile bill or be deducted from your pre-paid balance. Your carrier may prohibit or restrict certain Mobile
Features and certain Mobile Features may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues.
If you have registered for Mobile Features that utilize your mobile number, you agree to notify us of any changes to or deactivation of your mobile number and
update your User Account to reflect this change.
14. Additional Terms Regarding Apple App Store
The following applies to any App accessed through or downloaded from the Apple App Store (an “Apple-Sourced App”):
• a. Acknowledgment. You acknowledge and agree that (i) these Terms are between you and PlayHub (or any third party developer that may own or
operate the App) only, and not Apple, and (ii) PlayHub, not Apple, is solely responsible for the Apple Store Sourced App and content thereof.
• b. Scope of License. Your license to use the Apple Store Sourced App is non-transferable and limited to use on an Apple-branded product that
you own or control, and as permitted by the “Usage Rules" set forth in the Apple Media Services Terms and Conditions.
• c. Maintenance and Support.
You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services
with respect to the Apple Store Sourced App.• d. Warranty. In the event of any failure of the Apple Store Sourced App to conform to any applicable warranty, you may notify Apple, and Apple
will refund the purchase price for the Apple Store Sourced App to you and to the maximum extent permitted by applicable law, Apple will have
no other warranty obligation whatsoever with respect to the Apple Store Sourced App. As between PlayHub and Apple, any other claims, losses,
liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of PlayHub.
• e. Product Claims. You and PlayHub acknowledge that, as between PlayHub and Apple, Apple is not responsible for addressing any claims
you have or any claims of any third party relating to the Apple Store Sourced App or your possession and use of the Apple Store Sourced App,
including, but not limited to: (i) product liability claims; (ii) any claim that the Apple Store Sourced App fails to conform to any applicable legal
or regulatory requirement; and (iii) claims arising under consumer
protection or similar legislation.
• f. Intellectual Property Rights. You and PlayHub acknowledge that, in the event of any third-party claim that the Apple Store Sourced App or your
possession and use of that Apple Store Sourced App infringes that third party's intellectual property rights, as between PlayHub and Apple,
PlayHub, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property
infringement claim to the extent required by the Agreement.
• g. Legal Compliance. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that
has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of
prohibited or restricted parties.
• h. Third Party Terms. You must comply with any applicable third party terms of agreement when using the Apple Store Sourced App (e.g., your
wireless data service agreement).• i. Third Party Beneficiary. You and PlayHub acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of the
Agreement as related to your license of the Apple Store Sourced App, and that, upon your acceptance of the terms and conditions of the Agreement,
Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement as related to your license of the Apple Store
Sourced App against you as a third-party beneficiary thereof.
• j. Without limiting any other terms of the Agreement, you must comply with all applicable third-party terms of agreement when using the Apple
Store Sourced App.
15. Governing Law and Venue
These Terms shall be governed by the internal substantive laws of the Kingdom of Saudi Arabia, without respect to its conflict of laws principles, except to the
extent that terms of service are affected by mandatory provisions of applicable law such as national implementations of the European Union Electronic
Commerce Directive, Directive 2000/31/EC of the European Parliament and of the Council. With respect to non-Saudi residents who do not elect to participate in the
dispute resolution provisions of Section 12, Disputes will be decided by a court of competent jurisdiction within your country of residence.
Except as otherwise provided in these Terms, you and PlayHub may litigate in the courts of Saudi Arabia to compel arbitration, stay proceeding pending
arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. Any Dispute between Saudi residents and PlayHub
not subject to arbitration (other than claims proceeding in any small claims court), or where no election to arbitrate has been made, shall be decided by a
court of competent jurisdiction within Saudi Arabia, and you and PlayHub agree to submit to the personal jurisdiction of that court.
16. Changes to Terms
To the extent allowed by applicable law, we reserve the right to update these Terms for any reason at any time without prior notice. When we make changes,
the new Terms will be made available through PlayLog. We may also provide
notice to you in other ways, such as through contact information you have provided. However, it is your sole responsibility to review the Terms from timeto time to view any such changes. Your continued use of PlayLog after the
effective date of the revised Terms or engaging in such other conduct as we may reasonably specify, constitutes your agreement to our revisions to these Terms
to the fullest extent allowed by applicable law. If you disagree with any of our changes, you should discontinue your use of the Service.
17. Changes to Services
We are constantly updating PlayLog, and that means we may modify, suspend, or discontinue any aspect of the services we offer through PlayLog at any time
for any reason, with or without notice to you, including the availability of PlayLog in whole or in part.
18. General Provisions
If any part of these Terms is held invalid or unenforceable, that portion of the Terms will be construed in a manner to reflect, as nearly as possible, the original
intention of the parties consistent with applicable law, and the remaining portions will remain in full force and effect.
Any failure on the part of PlayHub to enforce any provision of these Terms will not be considered a waiver of our right to enforce such provision.
PlayHub will not be liable for any delay or failure to perform, resulting from causes outside its reasonable control, including, but not limited to, acts of God,
epidemic, pandemic, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation
facilities, fuel, energy, labor or materials.
We may assign or delegate these Terms and/or our Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You
may not assign or delegate any rights or obligations under the Terms or Privacy Policy without our prior written consent, and any unauthorized assignment and
delegation by you is void.
These Terms represent the final, complete, and exclusive statement of the agreement between us with respect to the subject matter hereof and supersede
and merge all prior discussions between the parties with respect to such subject matter. As used in these Terms, "including" means "including without limitation.
"19. Contact Us
If you have questions about these Terms, please email us at support@Playlogapp.com or write to us at PlayHub, Inc., 23456 Saleh bin
Sweed Street., Jeddah, Makkah Region 8108.