Terms & Conditions

Subject to the terms hereunder, QuickPlay hereby grants to you a non-exclusive, non-transferable license, without any right to sublicense to operate the Application executable code solely on the device it is downloaded to. You agree not to decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code from the Application. You agree not to attempt to hack, crack or otherwise disable any content encryption or scrambling process the Application uses. Your license is further subject to your compliance with the Subscriber User Agreement, should you enter into it. Any rights not expressly granted hereunder are reserved by QuickPlay, including any right to create derivative works, make copies, transmit or publicly perform the Application or Content.

Subject to the terms hereunder, QuickPlay hereby grants to you a non-exclusive, non-transferable license, without any right to sublicense, to access the QuickPlay or authorized third party portal (if applicable) and download any content onto the device operating the Application for a limited period of time and on a rental basis only. You shall not: copy, transmit, make derivative works of or do anything else with the content other than view the content for the specified period it is made available to you on the device it was downloaded onto. Your use of the QuickPlay or third party portals shall comply with their acceptable use policies. Any rights not expressly granted hereunder are reserved by QuickPlay or its content providers, including any right to create derivative works, make copies, transmit or publicly perform the Content. You hereby waive any claim or defense that your use of the content in breach of the express terms of this agreement constitute "fair use" under applicable law.

YOU ARE REPONSIBLE FOR PAYING ANY CARRIER CHARGES THAT ACCRUE AS A RESULT OF DOWNLOADING THE APPLICATION, ENROLLING IN THE SUBSCRIPTION OR ACCESSING ANY CONTENT USING THE APPLICATION. YOU ACKNOWLEDGE THAT UPON ENROLLING AS A QUICKPLAY SUBSCRIPTION USER, YOUR CREDIT CARD, PAY-PAL ACCOUNT, OR OTHER APPLICABLE PAYMENT MECHANISM WILL BE PERIODICALLY CHARGED AUTOMATICALLY FOR THE DURATION OF YOUR ENROLLMENT.

ANY USE OF THE APPLICATION OR THE CONTENT IS AT YOUR SOLE AND ABSOLUTE RISK.
THE APPLICATION AND CONTENT IS BEING PROVIDED BY QUICKPLAY OR ITS AUTHORIZED THIRD PARTY VENDORS ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES, REPRESENTATIONS OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR NON-INFRINGEMENT. IN NO EVENT SHALL QUICKPLAY, INCLUDING ITS AFFILIATES, LICENSORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND ADVISORS, BE LIABLE FOR ANY DAMAGES WHATSOEVER AS A RESULT OF YOUR USE OF THE APPLICATION OR YOUR ACCESS TO ANY CONTENT, INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, ANY DAMAGES FOR LOSS OF PROFITS, OPPORTUNITY, SAVINGS, GOODWILL OR ANY OTHER INTANGIBLE LOSSES KNOWN AT LAW OR EQUITY ("DAMAGES"), REGARDLESS OF WHETHER QUICKPLAY HAD BEEN ADVISED OR COULD HAVE FORESEEN THE REASONABLE FORESEEABILITY OF SUCH DAMAGES. YOUR SOLE REMEDY IS TO STOP USE OF THE APPLICATION AND SUBSCRIPTION SERVICE.

You acknowledge and consent to the collection and use by QuickPlay of certain individual information related to your use of the Application, your access to the Content and your use of certain features within your portable device in order to allow the provision of a high-quality service and to ensure the territorial integrity of distribution of certain content. Any user specific information collected will only be used internally by QuickPlay for the aforementioned purposes. You agree that QuickPlay has the right to aggregate your personally identifiable data with other users' identifiable data to conduct statistical surveys of customer use of the service for its business purposes. You agree that QuickPlay is entitled to disclose such aggregated information in any manner it sees fit to so long as personally identifiable information is excluded.

You hereby indemnify and shall hold QuickPlay its affiliates, licensors, directors, officers, employees, agents and advisors, harmless from any threat or claim, damages or attorney's fees incurred by QuickPlay as a result of any claim brought by a third party against QuickPlay, including any content provider, broadcaster or other party including each of their respective affiliates, licensors, directors, officers, employees, agents and advisors, with respect to the content has been transmitted to your device and/or used by you, arising out of any act that is a breach of these Terms and Conditions. You agree to cooperate with QuickPlay, including any content provider, broadcaster or other party whose content you have downloaded or use.

You may encounter content made available through the Application that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language. Nevertheless, you agree to use the Application and the content therein at your sole risk. Neither of QuickPlay, its affiliates, licensors, directors, officers, employees, agents and advisors including any network operator, content provider, broadcaster, device manufacturer or other party including each of their respective affiliates, licensors, directors, officers, employees, agents and advisors shall have any liability to you for content that may be found to be offensive, indecent, or objectionable or any inaccuracy with any information provided with the Application or content. QuickPlay reserves the right, at any time and from time to time, to update, revise, supplement, and otherwise modify this agreement and to impose new or additional rules, policies, terms, or conditions on your use of the Application. Such updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (collectively referred to in this agreement as "Additional Terms") will be effective immediately upon release and incorporated into this agreement. Your continued use of the Service will be deemed to constitute your acceptance of any and all such Additional Terms. All Additional Terms are hereby incorporated into this Agreement by this reference. The Terms and Conditions shall be interpreted and construed in accordance with the domestic laws of the State of New York, without any effect of its conflicts of laws rules that would result in the application of any other substantive law. In the event that any term of this agreement may be found to unenforceable for any reason, it will be severed and the agreement will be enforced to the maximum extent permissible under law. You agree that any dispute under this agreement shall be heard solely in the courts of New York County, NY, USA. You agree that any breach of the terms of the licenses will cause QuickPlay or its content providers irreparable harm, for which money damages will not suffice, and therefore agree that QuickPlay and its content providers are entitled to immediate, temporary injunctive relief in case such breach occurs or is threatened, without posting bond.