Revised May 11, 2015
Collection of Your Information
Information You Give Us. You may choose to give us certain information, for example, when you create your user profile or when you use the Services. Such information may include:
- Profile Information. You may provide us with profile information such as your e-mail address, user name, a profile image, and password when you create an account or when you edit your account information.
- Connection to External Services. If you chose to connect your account to an account of an external service, such as a social networking site, we may collect certain information from those accounts. We will not collect any information other than the types of information you authorize such services to provide to us. You may provide such authorization during the connection process. For example, if you choose to connect your Plex account to a social networking account, we may collect your public profile information or your list of friends if you agree to the collection of this information during the connection process.
- Metadata and Statistics. Plex may store information about features that you use and media items you choose to use with the Services. For example, if you are using the Plex Watch Later or Plex Cloud Sync features, Plex may store information about the specific media items. This information may include metadata about the media (such as title, duration, author, cover art, dates associated with the media, and other relevant information) and information about the media itself (such as resolution, bit rate, format, location, etc.).
- Associated Plex Media Server Information. We may store information about a Plex Media Server when you create a Plex Media Server or when you connect to a Plex Media Server that you or another person has configured. The Plex Media Server information may include an IP address and port number(s), the name of the Plex Media Server, and information used to secure access to these Plex Media Servers. We store this information to enable you to access the associated Plex Media Server at a later time or from a remote location.
- Third Party Services. We may collect information about your use of third party services for reporting to our partners and calculating the fees that we owe them. For example, we report (i) the number of trailers and extras viewed to IVA, (ii) information about premium metadata consumed to Gracenote, and (iii) tracking information to Comscore for Vevo music video playback.
- Interfacing Software. We may store copies of any software that you obtain or provide and that accesses or calls any software provided by Plex as part of the Services including, but not limited to, plug-ins for the Services, channel plug-ins, metadata agents, and client applications that communicate directly or indirectly with the Services (“Interfacing Software”).
Automatically-Collected Technical Information
- We may collect information about your interactions with the Services to provide you with a better user experience as further described below. For example, we may maintain an anonymous list of media types that are consumed using the Services.
- Like many online services, we may collect information about the devices that are used to access our services, such as the IP address of the device, the operating system and version of the device, the browser that you use to access a Plex web page, and the versions of the Plex technologies being used.
- When a request for information or content is sent to a Plex Media Server, we may collect an application identifier that identifies which application sent the request. An application identifier uniquely identifies a particular copy of an application. For example, if you download an application from Plex, delete the copy of the application, and then re-download the application from Plex, the new copy of the application will be associated with a different application identifier than the deleted copy of the application.
- We may collect location information about the devices that access our Services. Any location information collected will not identify the location of a device with any more specificity than the city in which the device is located.
Use of Your Information
- We use the collected information to provide you with the Services, improve the Services, enhance your user experience, and communicate with you. For example, we may use information about your interactions with the Services to track the watch state of media items that have been linked to the Services on devices that have been linked to the Services. We may use this information to allow you to resume watching in the same watch state on different Plex-linked devices. As another example, we may track your consumption of media items to provide recommendations for other content you may enjoy.
- We may use your profile information to contact you about your account or about new Plex functionality and certain Plex news and information. You may opt-out of certain types of communications by editing your account settings.
- If you choose to connect your account to an account of an external service, such as a social networking site, we may publish posts via the external services on your behalf, but only if you give us permission to do so. Additionally, the content of the published posts will be limited to describing your interactions with the Services. For example, you may request Plex to publish a post on your behalf describing content you have recently consumed using the Services.
- If you have developed software that interfaces with the Services, we may convey copies of that software to other users and permit those users to use, copy, redistribute, or modify your Interfacing Software, subject to the terms and conditions of a license as set forth in the Plex Terms & Conditions of Services.
- We may use the collected information to provide, customize, and personalize marketing, advertising, and other content that we deliver to you.
- If we believe that the disclosure is reasonably necessary to (a) satisfy an applicable law, regulation, legal process, or enforceable governmental request; (b) detect, prevent, or otherwise address illegal or suspected illegal activities; or (c) protect the safety, rights, or property of Plex, the public, or any person.
- In connection with a merger, acquisition, bankruptcy, dissolution, reorganization, or similar transaction or other proceeding involving Plex that includes or requires the transfer of the information.
- If your information is a part of a set of non-private, aggregated, or otherwise non-personal information, such as aggregated usage statistics.
Protection of Your Information
- Password information is stored on our servers and is protected by the use of encryption technologies.
- We do not store any of your billing details or credit card information on our servers. The data is encrypted and securely stored by an independent company, BrainTree, which provides payment processing services for Plex. A copy of the BrainTree security policy is available here.
Third-Party Products and Services
Plex may offer products or services from third parties or the Services may contain links to third-party websites, products, or services. For example, Plex may offer plug-ins developed by Plex users that interface with the Services. Any such third parties may collect information from you and any information collected by third parties is governed by the privacy practices of those third parties. Plex does not control and is not responsible for the collection of information by such third parties.
- While Plex does distribute products that may be used by children, the Service is not intended to be used by children without involvement, supervision, and approval of a parent or legal guardian. Therefore, if an account owner sets parental controls or establishes sub-accounts that the account owner intends to permit a child to use, the account owner should not reveal the account password to the child. Plex and its contributors may not provide controls that restrict the maturity level of content available via Plex and an adult account owner has sole responsibility for determining what maturity level is appropriate for or accessible to any children whom the account owner permits to use the Service or a sub-account.
- We do not knowingly collect personal information from children under the age of 13, except that we may collect persistent identifiers, such as Internet Protocol (IP) addresses of devices used to access the Services. Any such persistent identifiers will be used solely to support the internal operations of the Services. If we learn that we have collected the personal information of a child under the age of 13 we will take steps to delete the information as soon as possible.
Controlling Your Information
You may control your information by:
- Changing your profile information by accessing the “Account Settings” page of the Plex website.
- Linking or unlinking your account from another account of an external social networking website.
- Deleting your account. You may delete your account by selecting the option to delete your account in the “Account Settings” page. We will delete your information within a reasonable amount of time after receiving the request except that we may retain archived copies of your information as required by law or for legitimate business purposes.
You may send questions and comments regarding this policy by email to us at email@example.com.
Plex Terms of Service
Last modified December 21st, 2013
Thank you for using Plex! By accessing, using, downloading, or visiting any Plex “Service(s)”, which includes the Plex website, Plex software and products described here, and any other products or materials provided by Plex, you agree to the terms (“Terms”) listed in this agreement (“Agreement”). Plex reserves the right to amend these Terms at any time and without notice. Any revisions to the Terms will be posted on the Plex website. By continuing to access or use the Services, you accept any changes or revisions to the Terms.
- Plex gives you a personal, non-commercial, worldwide, royalty-free, revocable, non-transferable, non-sublicensable, and non-exclusive license to use the software provided to you by Plex as part of the Services (“Software”). This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services in the manner permitted by these Terms.
The Software includes certain executable modules that Plex has licensed from third party providers (“Third Party Components”) that may be subject to different end user license terms as specified in the license agreement(s) provided with such Third Party Components.
You may not, or allow anyone else to, directly or indirectly to: (1) copy, modify, distribute, sell, or lease any part of the Software; (2) reverse engineer, disassemble, decompile, or otherwise attempt to discover the source code or structure, sequence, and/or organization of all or any part of the Software, unless laws prohibit those restrictions or you have our written permission; (3) rent, lease, or use the Software for timesharing or service bureau purposes; (4) develop any improvement, modification, or derivative works of the Software, or include any portion thereof in any other product, software, work, equipment, or item (except that you may customize and/or modify the Software only as set forth in the documentation or as authorized in any license agreement of Plex’s third party licensors and applicable to Third Party Components); or (5) allow the transfer, transmission, export, or re-export of the Software or any portion thereof or any technical data associated with any Software.
You shall not incorporate any of Plex’s Software or any part thereof into any other product(s) or use the proprietary software in any manner that would cause the proprietary software to become subject to any “open source license” that would impose obligations on Plex’s use of the proprietary software or impair any rights of Plex or third parties thereto.
You shall maintain and shall not remove nor obscure any proprietary notices on the Software, and shall reproduce such notices exactly on all permitted copies of the Software.
You may reverse engineer the Software solely (1) as permitted by applicable law, or (2) for the purpose of debugging modifications made by you to certain third party files in source code format that are licensed under the GNU Lesser General Public License (LGPL) or under the GNU General Public License diversion 2 (GPL2) and only provided that you have made, prior to any such reverse engineering permitted under this sentence, unsuccessful prior reasonable good faith efforts to debug such modifications using techniques other than the reverse engineering of the Software.
As between the parties and except as otherwise provided in any license agreement for Third Party Components, Plex shall own all title, ownership rights, and intellectual property rights in and to the Software, and any copies or derivative works thereof, except that by downloading the Software, you retain any title that you may own in and to the recording media on which the Software is recorded.
You understand that Plex or its licensors may modify or discontinue offering the Services at any time.
You shall not make, or assist others in making, any use of data adapters or similar technologies used by or with the Services that are designed to receive and use data from Plex, its third party data providers, and their affiliates and third parties, other than to receive and use such data in accordance with these Terms and your agreement with the third party data providers, and their affiliates and third parties, including without limitation any data passing through the Services or otherwise effectively made available by any Service through an API, a download, a database, or the like.
This Agreement does not entitle you to any support, upgrades, patches, enhancements, or ﬁxes (collectively, "Support") for the Services. Any such Support for the Services that may be made available by Plex, in its sole discretion, shall become part of the Services and will be subject to these Terms.
Data provided by Plex or other third party data providers may be delayed or unavailable as specified by Plex or such third party data providers. Plex does not verify any data provided by Plex or other third party data providers and disclaims any obligation to do so. Plex, its third party data providers, and each of their affiliates and business partners: (1) expressly disclaim the availability, accuracy, adequacy, or completeness of any data or third party data provider, and (2) shall not be liable for any errors, omissions, or other defects in, unavailability of, delays or interruptions in such data or third party data provider.
- You may not, or allow anyone else to, use any of the Services to do the following:
- Infringe the intellectual property rights, proprietary rights, or rights of publicity or privacy of any third party;
- Violate any law, statute, ordinance, or regulation, or perform any other action that would incur civil liability or constitute a crime;
- Disseminate, transfer or store information or materials in any form or format that is harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that otherwise violate any law or right of any third party; or
- Disseminate any software viruses or any other computer code, files, programs, or the like that may without limitation interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, violate the security of any computer network, or the like.
- If the occurrence of any prohibited use comes to our attention, we reserve the right to disable any accounts associated with prohibited use or otherwise terminate your access to the Services.
- You continue to retain any ownership rights you have in content you make available via the Services, or otherwise use in conjunction with the Services. However, by using the Services with particular content, for example by using the Services to share particular content or access particular content, you grant to Plex (and to each of the third parties with whom we work to provide you with the Services) a worldwide license to reproduce, modify, create derivative works, transmit, publish, publicly perform, publicly display, distribute, and otherwise use the particular content and metadata associated with the content, such as poster images. The rights you grant us in this license are only for the limited purpose of providing you with our Services. You may not use the Services in connection with any content for which you do not have the right to grant us this license.
- The Services may include features that allow you to share your content with others. Please be careful when choosing to share content with other users; Plex is not responsible for how others use your content. Additionally, you hereby grant to any user with whom you share content a non-exclusive license to access the content through the Service, and to use, reproduce in copies, distribute, display and perform the shared content as permitted through the functionality of the Service and under this Agreement. You may not share any content with others via the Services if you do not have the right to grant this license to any user with whom you share the content.
- You understand that all content imported, published, shared, transmitted, or otherwise made available via the Services is the sole responsibility of the person from whom such content originated, and that you, and not Plex, are solely responsible for any civil or criminal legal liability that may arise or result from any content that you import, publish, share, transmit, or otherwise make available through your use of the Services.
Content of Others
- You acknowledge that all content that you access through use of the Software or other Services is accessed at your own risk, and you will be solely responsible for any damage or liability to any party resulting from such access.
- You understand that by using the Services you may encounter content that you may find offensive, indecent, or objectionable. Plex does not inspect, screen, or otherwise control the content that is posted, shared or made available via the Services, and Plex does not guarantee the accuracy, integrity or quality of such content.
- You acknowledge that unauthorized use of copyrighted content of others may subject you to civil and criminal penalties, including possible monetary damages, for copyright infringement.
Developers and Interfacing Software
- "Interfacing Software" means any software that you obtain or provide and that accesses or calls any Software provided by Plex as part of the Services including, but not limited to, plug-ins for the Services, channel plug-ins, metadata agents, and client applications that communicate directly or indirectly with the Services.
- By making, or assisting others in making, Interfacing Software, you agree to the following terms:
- You grant Plex and its affiliates worldwide a worldwide, non-exclusive, and royalty-free right and license to use (including testing, hosting and linking to), copy, publicly perform, publicly display, reproduce in copies for distribution, and distribute the copies of any Interfacing Software made by you or with your assistance.
- You may notify us at firstname.lastname@example.org if you do not wish for Plex to use, distribute, copy, publicly perform, publicly display, reproduce in copies for distribution, or distribute copies of any Interfacing Software that was created by you. Plex will comply with such a request but Plex must be granted a transition period of thirty (30) days after receipt of the request to comply.
A request to take down Interfacing Software must include (1) an identification of the Interfacing Software you wish to be removed; (2) your signature in either electronic or physical form; and (3) the following statements:
- "I swear under penalty of perjury that I am the owner of the Interfacing Software or I am authorized to act on behalf of the owner of the Interfacing Software.”
- "I swear under penalty of perjury that the information in this notification is accurate.”
- You shall protect the privacy and legal rights of Plex users. If the users provide, or the Interfacing Software accesses or uses, user names, passwords, or other login information or personal information, you must make the users aware that such information will be available to the Interfacing Software, and you must provide privacy notices and protection for those users in compliance with applicable law. Further, the Interfacing Software may use that information only for the limited purposes for which the user has given you permission to do so. If the Interfacing Software stores personally identifying information of users or information that a reasonable user would consider to be sensitive, then the Interfacing Software must do so securely and only for as long as it is needed. However, if the user has opted or entered into a separate agreement with you that allows you or the Interfacing Software to store or use personally identifying information of users or information that a reasonable user would consider to be sensitive, then the terms of that separate agreement will govern your use of such information. If the user provides the Interfacing Software with Plex account information, the Interfacing Software may only use that information to access the user’s Plex account when, and for the limited purposes for which, the user has given you permission to do so.
- Prohibited Uses. Plex prohibits performing certain actions using the Interfacing Software. You shall not make, or assist others in making, any Interfacing Software that:
- Knowingly violates a third party’s terms of service;
- Violates any applicable laws or regulations;
- Interferes with, disrupts, damages, harms, or accesses in an unauthorized manner the machines, hardware. devices, servers, networks, data, or other properties or services of any other party including, but not limited to, Plex users, Plex or any network operator;
- Posts misleading information about an application’s purpose;
- Infringes on the intellectual property rights of others; or
- Performs any other prohibited action listed under “Acceptable Use” above.
- You will require your end users to comply with any applicable law and these Terms. You will not knowingly enable your end users to violate applicable law or these Terms.
- You shall indemnify and hold harmless Plex and its officers, directors, employees, contractors, licensors, suppliers, distributors, contractors, agents, and third party contributors from any claims, damages, liabilities, costs and fees (including reasonable attorney fees) arising from any use of the Interfacing Software or from Plex’s distribution of the Interfacing Software.
- Brand Features and Attribution
- "Brand Features" is defined as the trade names, trademarks, service marks, logos, domain names, and other distinctive brand features of a party. Except where expressly stated, these terms do not grant either party any right, title, or interest in or to the other party's Brand Features. Any use by you of Plex’s Brand Features (including any goodwill associated therewith) will inure to the benefit of Plex. Plex Brand Features include the Plex Play Logo (“>” in stylized format) and the trademarks, trade names and designs as may be identified from time to time in the Plex Trademark Notice that is posted at plex.tv/legal.
- You must seek prior written approval from Plex to display Plex's Brand Features, including for the purpose of promoting or advertising that your Interfacing Software is for use in conjunction with Plex Services. Plex, in its sole discretion and in a separate writing such as an e-mail from an authorized representative of Plex, may grant you a revocable, non-transferable, nonexclusive license, without right of sub-license, to display Plex's Brand Features for the purpose of promoting or advertising that your Interfacing Software is for use in conjunction with Plex Services. You understand and agree that Plex has the sole discretion to determine whether your attribution(s) and use of Plex's Brand Features are in accordance with the above requirements and guidelines and that Plex may revoke the license granted herein at any time, or may require you to modify your use of Plex’s Brand Features, for any reason in its sole discretion.
- You will not make any statement that suggests a partnership with, sponsorship by, or endorsement by Plex, without Plex's express prior written approval.
- In the course of promoting, marketing, or demonstrating the Services, Plex may produce and distribute incidental depictions, including screenshots, video, or other content from your Interfacing Software, and may use your company or product name. You grant us all necessary rights for the above purposes.
While Plex does distribute products that may be used by children, the Services are not intended to be used by children, without involvement, supervision, and approval of a parent or legal guardian. Therefore, if an account owner sets parental controls or establishes sub-accounts that the account owner intends to permit a child to use, the account owner should not reveal the account password to the child. Plex and its contributors may not provide controls that restrict the maturity level of content available via Plex and an adult account owner has sole responsibility for determining what maturity level is appropriate for or accessible to any children whom the account owner permits to use the Plex service or a sub-account.
- PLEX SERVICES ARE PROVIDED "AS IS". PLEX MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND PLEX EXPRESSLY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE PLEX SERVICES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. FURTHER, PLEX DOES NOT WARRANT AGAINST ERRORS, OMISSIONS, RESULTS OF USE, OR THAT PLEX SERVICES ARE BUG FREE OR ERROR FREE OR THAT USE WILL BE UNINTERRUPTED. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THE AGREEMENT. ALL THE FOREGOING DISCLAIMERS ALSO APPLY IN FULL WITH RESPECT TO PLEX'S LICENSORS, SUPPLIERS, DISTRIBUTORS, CONTRACTORS, AGENTS, AND THIRD PARTY CONTRIBUTORS. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
- You agree that Plex and its officers, directors, employees, and contractors are not responsible for any fault, inaccuracy, error, omission, delay or any other failure of your equipment and/or services caused by Plex’s hardware, software, cabling, network services, or the like, or arising from Plex’s use of such equipment and/or services.
- The above disclaimer of warranty applies to software developed by Plex and any software developed by a third party and provided by Plex including, but not limited to, Interfacing Software developed by any Plex user.
Limitation of Liability and Damages
- UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, SHALL PLEX BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY: (I) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, LOSS OF DATA, OR OTHER DAMAGES RESULTING FROM YOUR USE OF THE SOFTWARE; OR (II) FOR ANY MATTER BEYOND ITS REASONABLE CONTROL. PLEX'S AGGREGATE LIABILITY FOR DAMAGES OF ANY KIND WHATSOEVER ARISING OUT OF THIS AGREEMENT SHALL BE LIMITED TO THE LESSER OF THE TOTAL FEES PAID BY YOU TO PLEX (IF ANY) FOR THE PORTION OF THE SOFTWARE THAT GAVE RISE TO SUCH DAMAGES OR $100 (U.S.), EXCEPT WHERE NOT PERMITTED BY APPLICABLE LAW, IN WHICH CASE PLEX'S LIABILITY SHALL BE LIMITED TO THE MINIMUM AMOUNT PERMITTED BY SUCH APPLICABLE LAW. ALL THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF EITHER PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. ALL THE FOREGOING LIMITATIONS ALSO APPLY WITH RESPECT TO PLEX'S SUPPLIERS, LICENSORS, DISTRIBUTORS, CONTRACTORS, AGENTS, AND THIRD PARTY CONTRIBUTORS. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
- The above limitations and exclusions apply to software developed by Plex and any software developed by a third party and provided by Plex including, but not limited to, Interfacing Software developed by Plex user.
This website and other Services may provide links to websites, software, or other materials provided by third parties. Plex does not endorse and is not responsible or liable for the availability, accuracy, safety, or intellectual property rights of or relating to such content. Plex is not liable for any harm caused by any such materials.
"Malware" means any known, discovered, envisioned, or invented, or any yet to be known, discovered, envisioned, or invented: (i) virus, Trojan horse, or any other harmful, harassing, or malicious software; or (ii) method, use, or means by which any software, firmware, equipment, device, communications medium, person, entity, or the like directly or indirectly engages in or is used for: (a) any unauthorized access; (b) any unauthorized communication; or (c) any cracks, hacks, exploits, or other activity, method, use, or means, that may cause harassment, harm, data loss, data theft, loss of communication, loss of privacy, or the like. You acknowledge that the Internet, Internet service providers, shared or dedicated telecommunication lines, wireless access points and wireless networks, other forms of communication, online resources including websites and cloud computing environments, or other means that you use to connect to the Software may not be secure and may be vulnerable to attack by third parties, and that it is possible to receive Malware by using the Internet, dedicated lines, other forms of communication, or other means. In order to protect the Software, you shall regularly obtain, use, and update appropriate third party software or other means to protect yourself from Malware and to detect and remove Malware that may be downloaded using the Internet, dedicated lines, other forms of communication, or other means. Plex does not warrant that the Software will be free of Malware including, but not limited to, Malware that is introduced by third parties, the Internet, dedicated lines, other forms of communication, or other means.
Waiver and Indemnity
You agree that Plex and its licensors, distributors, contractors, agents, and third party contributors shall have no liability whatsoever for any use you make of the Services. You shall indemnify and hold harmless Plex and its licensors, suppliers, distributors, contractors, agents, and third party contributors from any claims, damages, liabilities, costs and fees (including reasonable attorney fees) arising from your use of the Plex Services as well as from your failure to comply with any of the Terms, or any losses, damages, claims, costs, and/or attorneys’ fees arising from any use of or reliance upon any information received in connection with the Services that comprises or is based upon data provided by Plex or any third party.
Termination of Services
Plex may at any time, with or without cause and with or without prior notice, immediately terminate or suspend your Plex account or otherwise terminate or suspend your access to all or a portion of the Services. Cause for such termination may include: (a) violations of the Terms or any other policies or guidelines that are referenced herein; (b) a request by you to cancel or terminate your account; (c) a request and/or order from law enforcement, a judicial body, or other government agency; (d) where providing the Services to you is or may become unlawful; or (e) unexpected technical or security issues or problems; (f) your participation in fraudulent or illegal activities. Any such termination or suspension shall be made by Plex in its sole discretion and Plex will not be responsible to you or any third party for any damages that may result or arise out of such termination or suspension of your access to the Services.
- This Agreement does not give you any rights not expressly and unambiguously granted herein.
- No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind Plex in any respect whatsoever.
- If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.
- This Agreement is not assignable, transferable, or sublicensable by you except with Plex's prior written consent. Plex may transfer, assign, or delegate this Agreement and its rights and obligations without consent.
- Plex's failure to enforce any right or provisions in this Agreement will not constitute a waiver of such or any other provision.
- This Agreement shall be governed by and construed in accordance with the laws of the state of California, as if made within California between two residents thereof, and the parties submit to the exclusive jurisdiction of the Superior Court of Santa Clara County and the United States District Court for the Northern District of California. Notwithstanding the foregoing sentence, but without limiting Plex's right to seek injunctive or other equitable relief in any court of competent jurisdiction, any disputes arising with respect to this Agreement shall be referred to an arbitrator affiliated with the Judicial Arbitration and Mediation Services, Inc. ("JAMS"). The arbitrator shall be selected by joint agreement of the parties. In the event the parties cannot agree on an arbitrator within thirty (30) days of the initiating party providing the other party with written notice that it plans to seek arbitration, the parties shall each select an arbitrator affiliated with JAMS, which arbitrators shall jointly select a third such arbitrator to resolve the dispute. The written decision of the arbitrator shall be final and binding on the parties. The arbitration proceeding shall be carried on and heard in Santa Clara County, California using the English language and pursuant to the rules of (and administered by) JAMS. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and reasonable attorneys' fees from the other party. A separate written license agreement or order and signed by Plex and you or your company, employer, or principal may state other terms and conditions that apply to you, including terms relating to price, payment, delivery, confidential information, support services, and the like. You are solely responsible to review such terms or conditions with your company, employer or principal. In the event of any conflict in terms, the terms of the separate license agreement shall supersede the terms of this Agreement.
- Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of this Agreement.
Plex Copyright Policy
If you believe that your Intellectual Property rights are being violated by the use of any Plex Service, contact us at email@example.com. The notice must include (1) an identification of the allegedly infringing content; (2) an explanation of how you believe your rights are being infringed; (3) your contact information, including full name, company, mailing address, and email address; (4) your signature in either electronic or physical form; and (5) the following statements:
- "I swear under penalty of perjury that I am the owner of the identified copyrighted content or I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
- "I swear under penalty of perjury that the information in this notification is accurate."
- “I have a good faith belief that the use of the identified copyrighted content is not authorized by the copyright owner, its agent, or the law."
Upon receipt of the notice, Plex will take whatever action, in its sole discretion, it deems appropriate, such as contacting the user that is hosting the allegedly infringing content or suspending an account of the user.
Plex Trademarks and Guidelines
Plex is a suite of software and services that helps people easily organize, share and enjoy all of their personal media. We recognize that our community and ecosystem play an integral role in this vision by developing useful products and applications that leverage the Plex platform. We also recognize, therefore, that there is a need to refer and link to Plex and our products and services. We identify our products and services with our trademarks, which consist of names, logos, words, characters and colors, a number of which are identified below. We consider these marks to be valuable assets.
To ensure that there is never confusion about our products and services, or our relationship with developers, partners and other members of the Plex ecosystem and community, we have put together the following Guidelines. Using the marks in the ways described below will allow you to avoid negotiating agreements with Plex and its lawyers, or receiving a request to change an inappropriate use. You must receive explicit written permission from Plex to use our marks in any way not described in the Guidelines and your use is subject to your agreement to be legally bound by these Guidelines, including the terms of our trademark license provided below. If you have any question regarding a proposed usage of our marks or to request permission for a certain use, please contact us here.
Naming your Application or Product; Applying for a Domain
We appreciate the desire of developers to associate their products and applications with Plex. To ensure that you are able to promote your integration without creating confusion about whether or not it is a Plex product, please follow the following naming guidelines for your product and/or domain:
- Name your website, product, or application with something unique, that satisfies the other Guidelines.
- Feel free to include language on your site explaining that your application “Works with Plex”.
- Use “for Plex” following the name of your application, provided that the name of your application is unique.
You may not:
- Use Plex or derivatives thereof in the name of your application
- Use “for Plex” following the name of your application if the name of your application is not unique. For example, “Remote Control, Client, Player etc. are descriptive terms, and are not considered unique.
- Register a domain containing Plex (or misspellings of Plex).
- Apply for a trademark with a name including Plex.
- Use or make derivative use of Plex trademark icons (see definition below). Examples of derivative iconography would include:
- a play symbol in profile;
- a play symbol, or part of one, with black, dark grey or orange coloring.
Visual Design of Your Website, Application and Related graphics and iconography
- Design your site with unique branding and logos, which satisfy the other Guidelines.
- Clearly distinguish any Plex marks, including any link to any Plex web site, from the content on your site.
- Follow the Brand Identity requirements whenever displaying a Plex logo.
You may not:
- Copy the Plex look and feel of any Plex web site (including the use of our distinct color combinations, graphic designs or typography) or create any altered, distorted or interpreted representation of any of the Plex marks, as this could create confusion among our users.
- Feature any Plex trademarks in a manner that is more prominent than the names and trademarks identifying your business, product or service.
Written Work about Plex
- The title of your work must clearly state that it is about Plex, and not written or endorsed by Plex. For example, “Guide to Improving ‘X’ with Plex” is appropriate, whereas “The Plex Guide to ‘X’” is not.
- The Plex mark may be used as an adjective or noun, never as verb, or in the plural or possessive form.
- When using “Plex” as the name of the Plex platform, use the generic term after the mark: “the Plex platform.”
You may not:
- Use a confusing book title which might imply your book is endorsed or written by us.
- Use our logo on your cover or in your title. This might be confusing and imply that the book is an official Plex book.
Plex does not permit or license use of its trademarks or logos in connection with merchandise and other products, such as clothing, hats, mugs, dolls, and toys, without a specific written agreement.
- Contact us with a detailed proposal if you would like to request an exception.
You may not:
- Use any of the Plex trademarks, particularly any play symbols or other logo or name on any apparel or merchandise without a written agreement with us.
Using the Plex Marks in your Ad or Marketing Campaign
- Use the Plex logo or Plex application icon as a link to the Plex service, in a manner that satisfies the other Guidelines.
- Use the Plex logo or Plex application icon to show that your product is compatible with Plex.
You may not:
- Use the Plex marks in a way that might imply a Plex partnership with, or endorsement of, your product or business.
- Distort or alter the Plex marks in any way.
- Use the marks in a way that confuses the Plex brand with your brand or any other brand.
- Use Plex slogans or copyrighted works in a manner that would suggest a relationship or commonality with Plex.
- Use any Plex mark in connection with any illegal activity.
Attributing Ownership of the Plex Trademarks
If you use any Plex trademarks, you must provide attribution of Plex ownership of such mark(s) by providing one of the following statements:
- “Plex, the Plex Play logo and Plex Media Server are trademarks of Plex and used under a license” referencing the particular mark you use; or
- “* used under license from Plex” where the asterisk appears in proximity to Plex’s trademarks.
PLEX, PLEX PASS, myPLEX, PLEX MEDIA SERVER, PLEX MEDIA CENTER, PLEX MEDIA MANAGER, PLEX HOME THEATER, PLEX TV, PLEX.TV, the Plex Play Logo (“>” in stylized format) are trademarks that are the exclusive property of Plex, Inc. Unauthorized use of these trademarks or other trade names, trademarks, service marks, logos, domain names, and other distinctive brand features that belong to Plex are strictly prohibited without prior written approval. To request authorization to use Plex’s brand features or for other questions pertaining to trademarks please contact us at firstname.lastname@example.org.
Trademarks in Your Country
Of course, these Guidelines are not exhaustive, and do not fully describe all of our rights or actions we are permitted to take under applicable laws, or certain permitted use of our marks that you may have under the laws in certain countries. You are responsible for confirming the laws applicable to your proposed usage.
We have adopted certain standards for presenting our logo, typographical elements and colors, which we require you to follow when using our marks. You may obtain those standards below.
Logo Use Guidelines
We have adopted certain standards for presenting our logo, typographical elements and colors, which we require you to follow when using our marks. You may obtain those standards here.
For your convenience, we shall provide properly formatted Plex logos on this page for your use, subject to the trademark Guidelines and license terms on this page (which you agree to abide by as a condition to using them).
Conditions of License to Use Plex Trademarks
If you elect to use Plex’s trademarks, we require you to comply with any applicable Guidelines set forth above. Your use is subject to your agreement to be legally bound by the terms of our trademark license, the terms of which are provided below. Of course, you need not agree to be bound by these license terms, but if you do not agree, you do not have any right to use our trademarks in connection with your product or service. Your use of Plex trademarks will be considered to be your acknowledgment and agreement to the following conditions:
- you will comply with all applicable Guidelines set forth above, as amended from time to time at the sole discretion of Plex;
- Plex owns any and all rights to Plex's trademark(s) and the substantial goodwill in those marks (including any additional goodwill that may accrue as a result of your use of our marks);
- the use or display of Plex’s trademarks in connection with your application or other product shall not create any right, title, or interest for you in or to the Plex trademarks;
- Plex shall have the sole right and discretion to bring legal or administrative proceedings to enforce its rights in its trademarks, including actions for trademark infringement or unfair competition proceedings;
- you agree not to, directly or indirectly, challenge Plex’s use, ownership, or registration of Plex’s trademarks;
- you agree to provide Plex, upon its request, with copies of your marketing materials and reasonable evidence that the quality of your product or service is consistent with industry standards;
- you may not sell, assign or otherwise transfer your limited license to use the Plex trademarks without Plex’s express written consent; and
- you agree that Plex assumes no liability to you or to any third party due to your use of any Plex trademarks (which are provided “as is” and without any warranty or assurance they do not infringe another party’s rights), and you will indemnify and hold Plex harmless against any losses, damages, and expenses incurred in connection with any claim against Plex arising from or relating to your use of such trademarks and/or your products or services; and
- you agree that this license and any right to use Plex trademarks terminates automatically upon your failure to comply with these license terms.
Subscriptions and Billing
- We do not store any of your billing details on our servers. The data is encrypted and securely stored by BrainTree. A copy of the BrainTree security policy is available here.
- Subscriptions are billed in advance on a monthly or yearly basis, depending on the plan you choose.
- Subscriptions are renewed automatically.
- The charges are non-refundable.
- If you cancel your subscription, you will not be charged again, and your subscription will last until the end of the billing period.
- While we are always hard at work adding rich new features and functionality to your Plex Pass subscription, in the future we may have to charge separately for some new content and/or features (e.g. for content or functionality that we license from third parties).
Like many online services, Plex uses a technology that is commonly known as "cookies." A cookie is a small text file that resides on your computer, mobile phone, or other device, and allows us or our business partners to manage and report on your interaction with the Services. Through cookies, we are able to collect non-personally identifiable information that we use to improve the Service, keep count of return visits to our website or partners' websites, collect and report on aggregate statistical information, or authenticate your login credentials. We may also collect other data such as the page or site that referred you to the Services, the date and time you visited the Services, and your current IP address.
We also use analytics technologies, such as Google Analytics. To learn more about Google Analytics and your privacy, visit http://www.google.com/analytics/learn/privacy.html. To opt out of being tracked by Google Analytics when using our site, visit http://tools.google.com/dlpage/gaoptout.
By providing us with information about how you interact with our website, apps and products, these tools help us learn how to make the Plex experience even better and customize our communications with you. For example, these technologies can tell us things like how you arrived at the Plex site, if you have visited the site before, how long you stay on the site, and which pages you visit. They also provide us with general information about where in the world you may be located.
The Services use social media features provided by companies and services such as Facebook, Twitter, and Google+ to enable you to share information with these channels. Cookies used by these services are owned and controlled by third parties, and therefore the third parties, and not Plex, are responsible for their use. As such, we can't guarantee that we have listed every cookie you might get from a third party since a third party could change these cookies at any time as their needs change. For your convenience, below are links to some of the most commonly used social networks and their privacy policies.
Again, like many online services, Plex and its third party partners (such as Facebook, Google and Amazon) employ a technology known as "tracking pixels." A pixel is a small one-pixel-by-one-pixel clear image that is embedded in HTML content, and is about the size of a period at the end of a sentence. When HTML content containing a pixel is rendered, the pixel transmits anonymous, non-personally identifiable information to a server, such as a numeric count, unique identifier, or IP address. Plex and its partners use pixels to help us better manage our Services. For example, we may place a pixel in HTML-based emails to let us know which emails recipients have opened, or on a webpage to count the number of unique visitors to that page. The use of a pixel allows us to gauge the effectiveness of certain communications and of our marketing campaigns.
If you do not want to receive tracking pixels, you will need to disable HTML images in your email client, but that may affect your ability to view images in other email that you receive.
We do not sell or give your email address to other companies for their own marketing purposes without your permission. However, we may use your email address or other registration data to provide you with technical support, send you communications about the Service or other promotional offers you have elected to receive, and to serve you with marketing offers that are more relevant to your interests. We may occasionally work with data partners to help increase the relevancy of marketing offers we provide to our customers. In doing so, we may provide such companies with information representing an encrypted or hashed value derived from information you have provided to us, such as your email address.