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Monday, July 2, 2018

Terms of Use

Last Updated: July 2, 2018

To review the previous Terms of Use, please go here.
To review Privacy Policy, please go here.
To review Cookie Policy, please go here.

Welcome to Pluto TV. Please read on to learn the rules and restrictions that govern your use of our website(s), products, services and applications (the “Services”). If you have any questions, comments, or concerns regarding these terms or the Services, please contact us here.

These Terms of Use (the “Terms”) are a binding contract between you and Pluto, Inc. (“Pluto,” “we”, “our”, and “us”). You must agree to and accept all of the Terms, or you may not access or use the Services. Your use of or access to the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services. These Terms include the provisions in this document, as well as those in the Privacy Policy and Copyright Dispute Policy, and if you operate a private channel, our Private Channel Agreement (which shall control in the event of conflict with these Terms).

WARNING: THE UNAUTHORIZED REPRODUCTION OR DISTRIBUTION OF COPYRIGHTED WORKS AVAILABLE THROUGH OUR SERVICES IS ILLEGAL AND MAY BE PROSECUTED UNDER CRIMINAL OR CIVIL LAW.  SUCH ACTS ARE PUNISHABLE BY UP TO 5 YEARS IN PRISON AND A FINE OF $250,000. FOR MORE INFORMATION, PLEASE VISIT http://www.ice.gov/iprcenter/

What about my privacy?

Pluto takes the privacy of its users very seriously. For the current Pluto Privacy Policy, please click here.

What are the basics of using pluto.tv?

You may be required to sign up for an account, and select a password and user name (“Pluto User ID”). You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your Pluto User ID a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission. You will keep all your registration information accurate and current, and if your account credentials are compromised or your account is misused, contact us at the address below.

You must be 18 years of age, or the age of majority in your jurisdiction in order to use the Services. Individuals under the age of 18, or applicable age of majority, may utilize the Services only under the supervision of a parent or legal guardian that agrees to these Terms of Use. If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity).

Except as set forth in a written agreement between you and Pluto, you may only use the Services for your own internal, personal, non-commercial use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you may not use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law.

You may not share your account or password with anyone, and you must protect the security of your account and your password. You’re responsible for any activity associated with your account.

You represent, warrant, and agree that you did not and will not contribute any Content, including your User Content (each of those terms is defined below), or otherwise use or interact with the Services in a manner that:

(a)  Infringes or violates the intellectual property rights or any other rights of anyone else (including Pluto);

(b)  Violates or encourages the violation of any law or regulation;

(c)  Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;

(d)  Jeopardizes the security of your Pluto account or anyone else’s (such as allowing someone else to log in to the Services as you);

(e)  Attempts, in any manner, to obtain the password, account, or other security information from any other user;

(f)  interferes with or damages the Services, including, without limitation, through the use of viruses, Trojan horses, harmful code, denial of service attacks, packet or IP spoofing, forged routing or email address information or similar methods or technology, or disobey any requirements, procedures, policies, or regulations of networks connected to our Service;

(g)  Runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure, e.g. via a DDoS attack);

(h) “Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means), except in connection with reasonable indexing by search engines;

(i) Copies or stores any significant portion of the Content;

(j) Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services;

(k) Interferes with any third party’s ability to use or enjoy the Service; or

(l) Assists any third party in engaging in any activity prohibited by these Terms.

A violation of these Terms is grounds for termination of your right to use or access the Services, in addition to Pluto’s rights and remedies available at law.

What are my rights with respect to the Services?

We provide our Services for entertainment, informational and/or promotional purposes only. We grant you, subject to your compliance with these Terms, a non-exclusive, non-assignable, non-sublicensable, limited license to use our Services and view the Content for your personal, non-commercial use only. The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, User Content (defined below), and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws, and are either owned by Pluto or licensed to Pluto by a third party.

You understand that Pluto owns the Services. In certain cases, we may provide our Services as part of third party services, applications or websites, or we may embed Content from third parties in our Services. In all cases, you may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and that you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including Pluto’s) rights.

We may from time to time give you the ability to link, embed, download, or copy certain Content pursuant to these Terms. If you do so, you may not modify, build upon or block any portion or functionality of the Content, including links back to our Service or any DRM functionality protecting the Content. Please remember that just because this functionality exists, doesn’t mean that all the licenses and restrictions above don’t apply – they do! You further agree to not place embedded Content in any location or on any site or service that contains or promotes unlawful, inappropriate, pornographic, obscene, defamatory, harassing, hateful, discriminatory, or similar unlawful or immoral conduct. In addition, you must post your own terms and privacy policy consistent with applicable law, your use of our Content, these Terms, and our Privacy Policy.

You also agree that we have the exclusive right to serve ads and collect information with respect to Content available through the Services, unless we have a separate written agreement with you. Accordingly, you may not advertise on any page containing our Content without our prior express written consent. For the avoidance of doubt, you are expressly prohibited from stream-capturing, reproducing, rebroadcasting, retransmitting, or otherwise performing, using, copying, modifying, distributing, replicating, translating, or creating any other derivative work of any kind based on the Content, using any form of data extraction or data mining process or procedure on the Content, or otherwise exploiting or using the Content, commercially or otherwise, without our prior written permission.

What licenses do I grant when I use the Services?

Anything you post, upload, share, store, or otherwise provide through the Services is your “User Content.” Please note, some User Content may be viewable by other users. In order to display your User Content on the Services, and to allow other users to enjoy it, you hereby grant Pluto a worldwide, royalty-free, perpetual, irrevocable (except as expressly provided in these Terms or the Privacy Policy), non-exclusive, assignable, and sublicensable license to translate, modify, adapt, perform, reproduce and otherwise use your User Content, in connection with  our provision of the Services. This is a license only – your retain ownership and reserve all other rights in your User Content unless otherwise specified in writing. Please note, if you operate a private channel on Pluto, the Private Channel Agreement applies to the User Content you provide and other matters with respect to your operation of that private channel.

If you share User Content publicly on the Services (“Public User Content”), then you acknowledge and agree that such Public User Content will be made available to all other users of the Services and the general public, and that anyone may view, copy, distribute, perform or otherwise use your Public User Content.

Finally, you understand and agree that Pluto, in performing the required technical steps to provide the Services to our users (including you), may need to make changes to your User Content to conform and adapt those User Content to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so.

What if I see something on the Services that infringes my copyright?

You may have heard of the Digital Millennium Copyright Act (the “DMCA”), as it relates to online service providers, like Pluto, being asked to remove material that allegedly violates someone’s copyright. We respect others’ intellectual property rights, and we will delete or disable Content alleged to be infringing, and terminate the accounts of repeat alleged infringers as set forth in our DMCA policy. To learn how to report potentially infringing content, click here. To learn more about the DMCA, click here.

What are the parties’ responsibilities and obligations regarding the Services?

Our Services make available Content that is curated by third parties, including professional Content and User Content submitted by other users. Pluto does not moderate or control any specific Content available through the Services. Any Content and the information, ideas, opinions, recommendations, or any other aspects of that Content are the sole responsibility of the party providing such Content. You access all Content at your own risk, and we will not be liable for any damages or loss you might suffer in connection with or arising from the Services or Content unless and to the extent expressly stated in the Warranty section, below.  Note, that while we require our users comply with these Terms, we can’t guarantee the identity of our users and which users gain access to the Services or provide Content. Similarly, we do not represent or warrant that any Content is or will be compliant with these Terms.

You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so for the purpose which it was provided.  The Services may contain links or connections to third party websites or services that are not owned or controlled by Pluto. When you access third party websites or use third party services, you accept that there are risks in doing so, and that Pluto is not responsible for such risks. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each third party website or service that you visit or utilize.

Pluto has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with through the Services. In addition, Pluto will not and cannot monitor, verify, censor or edit the content of any third party site or service. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third party website or service.

Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should conduct whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Pluto shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.

If there is a dispute between participants on our Services, or between users and any third party, you agree that Pluto is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Pluto, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services.

What about promotions?

All promotional offers, sweepstakes, contests, giveaways and other promotions (“Promotions”) we may offer from time to time are subject to these Terms and any supplemental terms we disclose. Generally, with or without notice, we reserve the right to modify, suspend, cancel or terminate any Promotion in appropriate circumstances, including to extend or resume the stated entry period, disqualify any participant or entry, or award prizes in an alternate manner. You are responsible for all costs, expenses or taxes associated with your participation and/or receipt of any prizes or awards. We may condition your participation or receipt of a prize/award on the execution of a release and/or other agreements. By entering any of the Promotions, you automatically consent to and grant us the right to use of your name, image, likeness, statements, biographical information and other information about you for publicity, advertising and promotional purposes, all without additional permission from or compensation to you.

Can I provide suggestions or feedback?

We welcome your comments and feedback about our Services. All information and materials submitted to Pluto through the Services or otherwise, such as any comments, feedback, ideas, questions, designs, data or the like regarding or relating to the Services or the business of Pluto (collectively, “Feedback“), will be considered NON-CONFIDENTIAL and NON-PROPRIETARY with regard to you, but Pluto reserves the right to treat any such Feedback as the confidential information of Pluto. 

By submitting Feedback to Pluto, you assign to Pluto and its officers, directors, employees, parents, partners, successors, agents, distribution partners, affiliates, subsidiaries and their related companies (the “Pluto Parties”) free of charge, all worldwide rights, title and interest in all copyrights and other intellectual property rights in such Feedback. The Pluto Parties will be entitled to use any Feedback you submit, and any ideas, concepts, know-how or techniques contained in any such Feedback, for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and services using such Feedback without restriction and without compensating you in any way. You are responsible for the information and other content contained in any Feedback you submit to us, including, without limitation, its truthfulness and accuracy.

Will Pluto ever modify the Services?

We’re always trying to improve the Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. Similarly, we reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.

Will these Terms ever change?

We reserve the right to change these Terms at any time, and will provide notice to you and obtain your consent where required by law.

If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you access or use the Services after a change to the Terms is effective, that means you agree to all of the changes.

Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.

Does pluto.tv cost anything?

The Pluto Services are currently free, but we reserve the right to charge for certain or all Services in the future. We will notify you before any Services you are currently using begin carrying a fee, and if you wish to continue using such Services, you must pay all applicable fees for such Services.

What if I want to stop using pluto.tv?

You’re free to do that at any time, by contacting us here; please refer to our Privacy Policy, as well as the licenses above, to understand how we treat information you provide to us after you have stopped using our Services.

Pluto is also free to terminate (or suspend access to) your use of the Services or your account, for any reason in our discretion, including but not limited to your breach of these Terms. Pluto has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.

Account termination may result in destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account. If you have deleted your account by mistake, contact us immediately here – we will try to help, but unfortunately, we can’t promise that we can recover or restore anything.

I use the Pluto App available via the Apple App Store – should I know anything about that?

These Terms apply to your use of all the Services, including the iPhone and iPad applications available via the Apple, Inc. (“Apple”) App Store (the “Application”), but the following additional terms also apply to the Application:

(a) Both you and Pluto acknowledge that the Terms are concluded between you and Pluto only, and not with Apple, and that Apple is not responsible for the Application or the Content;

(b) The Application is licensed to you on a limited, non-exclusive, non-transferable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms as they are applicable to the Services;

(c) You will only use the Application in connection with an Apple device that you own or control;

(d) You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;

(e) In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application;

(f) You acknowledge and agree that Pluto, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Application;

(g) You acknowledge and agree that, in the event of any third party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, Pluto, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;

(h) You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;

(i) Both you and Pluto acknowledge and agree that, in your use of the Application, you will comply with any applicable third party terms of agreement which may affect or be affected by such use; and

(j) Both you and Pluto acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third party beneficiary hereof.

What else do I need to know?

Warranty Disclaimer

Pluto does not make any representations or warranties concerning the Services, including without limitation any Content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We make no representations or warranties regarding the Services, including any suggestions or recommendations of services or content offered or available through the Services. THE SERVICES AND CONTENT ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL PLUTO BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO PLUTO IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (III) ANY MATTER BEYOND OUR REASONABLE CONTROL. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH ANY OF OUR SERVICES OR THESE TERMS MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

Waiver of Certain Additional Claims.

BY ACCESSING THE SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS:

“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

Indemnity

To the fullest extent allowed by applicable law, you agree to indemnify and hold Pluto, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including reasonable attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms.

Assignment

You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without Pluto’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.

Choice of Law; Arbitration

These Terms are governed by and will be construed under the laws of the State of California, without regard to the conflicts of laws provisions thereof. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in Los Angeles County, California, in English, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in, respectively, Los Angeles, California, or the Central District of California.

Taxes

You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that the Pluto may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit.

Waiver

The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder.

Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable.

Survival

Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.

Integration

You and Pluto agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Pluto, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms, and that all modifications to these Terms must be in a writing signed by both parties (except as otherwise provided herein).

No Relationship

No agency, partnership, joint venture, or employment is created as a result of these Terms and you do not have any authority of any kind to bind Pluto in any respect whatsoever.

No Third Party Beneficiaries

Except as expressly set forth in the section above regarding the Apple Application, you and Pluto agree there are no third party beneficiaries intended under these Terms.

International Access

If you access the Services from locations outside of the U.S. you do so on your own initiative and at your own risk, and you are solely responsible for compliance with local laws, if and to the extent local laws are applicable. You further agree to comply with any and all export control regulations that may apply to your use of the Services and any Content.

Electronic Communication.

From time to time, we may communicate with you about the Services, your rights, promotions, or other matters. You hereby consent to receive electronic communications from us and further agree that any notices, agreements, disclosures, and other communications that we send to you electronically will satisfy any applicable legal notification requirements. We recommend that you keep a copy of any electronic communications we send to you for your records.

Contact

If you have a question, concern or complaint about these Terms, you can contact us by emailing privacy@pluto.tv or via mail at 750 N. San Vicente Blvd., Suite 800 West, West Hollywood, 90069.