PRESSPLAY ACADEMY PLATFORM

TERMS OF SERVICE

Date of Last Revision: September 8, 2023

Welcome to the PressPlay Academy Platform, established and operated by PPGROUPUSA CORPORATION (collectively, “PressPlay,” the “Company,” “we,” “our,” or “us”). Unless otherwise specified, the use of “you” (or similar words like “your”) and “user” or “users” refers to the person(s) using the Services (as defined below), subject to these Terms. If you accept these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.

These terms of service (the “Terms”) constitute a legally binding agreement between you and the Company AND govern your use of the PressPlay platform website and service, or services directly related to PressPlay’s platform website and service (collectively, the “Service” or “Services”). These Services are the sole property of the Company.

By accessing and/or using our Services, including by accessing this website at https://us.pressplay.cc (“Website”), you agree to these Terms, our Privacy Policy, and any other legal notices or other rules, policies, and procedures relating to the Services that we may publish from time to time (collectively, the “Documentation”). If you do not agree with all or any portion of the Documentation, you may not access and/or use the Services.

PressPlay reserves the right to make changes to its operations and the Services, including updates to these Terms, adding new or modifying existing services, and suspending, discontinuing, or otherwise terminating your access to all or a portion of the Services, with or without advance notice or cause, and at the Company’s sole discretion. It is your responsibility to review these Terms periodically for such changes. Your continued use of the Services after such changes will mean that you accept and agree to any such changes upon their posting. If you do not agree to such changes, you must immediately cease all access to and use of the Services.

User Classifications

All of the following user classifications are considered PressPlay Platform Users who must abide by these Terms; however, obligations and Company policies specific to user classification may apply as set forth herein and in our Privacy Policy.

General User: Refers to a person or entity who browses the PressPlay platform but has not yet registered an account to become a Member of the PressPlay as defined below.

Members: Refers to a person or entity who has created a verified account on the PressPlay platform in accordance with standard registration procedures.

Content Creators: Refers to the Members of the PressPlay platform who upload and publish projects thereon for Platform Users to subscribe to or purchase.

Subscribers: Refers to the Members of the PressPlay platform who purchase and maintain a recurring subscription on a monthly basis to utilize the PressPlay platform and assess projects published by Content Creator.

One-time Purchaser: Refers to the Members of the PressPlay platform who utilize the PressPlay platform and assess a specific project published by Content Creator with a one-time, single payment purchase.

Fundraising Procedure: Before a project is launched, Content Creators will initiate a Fundraising Procedure, which allows Members to pre-order a project plan at a discounted rate for a limited period, provided that the minimum fundraising amount is met in full at the end of the period in order for the project to be published.

Fundraising Completion: If a project meets the minimum fundraising amount during the Fundraising Procedure period, the project will proceed and the Content Creator will publish the project as scheduled on the PressPlay platform. If a project does not meet the minimum fundraising amount during the Fundraising Procedure period, the project will not proceed and all pre-orders will be refunded.

Account Terms

Users must be at least 13 years of age if in the United States or the age required for consent to receive online services wherever the User is located in order to be eligible to create an account on PressPlay and use the Services.

The following terms apply to your use of the Services and any account that you open via the Service:

You must provide us with certain account registration information in order to create a PressPlay account. By creating a PressPlay account, you certify that the information you provide is truthful and accurate. You are further required to update your information to reflect any changes to your credentials or circumstances.

Only you may use or access your account. You may not share your account, login information, access to your PressPlay subscription, or any content contained on the Services with anyone else and you may not create an email alias for purposes of sharing your PressPlay subscription with other individuals or groups.

You are responsible for the security of your account and password. We view any actions taken by your account as taken by you. If your PressPlay account has been compromised or accessed by a third party, you must promptly notify us in writing via E-mail to our Customer Support team at cs@pressplay.cc. We will not be liable for any loss or damage resulting from any third party access or use of the Services via your account, including any illegal use of account numbers, passwords, cyber hacking, or your failure to otherwise comply with the security obligations set forth herein.

You acknowledge that we may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on our servers on your behalf. You agree that we have no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Services. Platform Users are encouraged to back up data at all times to prevent the potential for loss. The Company is not responsible for any damages resulting from the loss of data.

PressPlay may enforce general measures and restrictions for the Service, including but not limited to establishing a maximum period for the retention of uploaded content, a limit on the number of messages that can be sent and received by a single account, a limit on the size of a single message that can be sent and received by a single account, and the allocation of disk space over any given period of time.

We reserve the right to, at any time, without notice, modify, suspend, or terminate operation of or access to the Service, or any portion of the Service, for any reason. We further reserve the right to delete or suspend your account: (i) if you violate our Terms, (ii) if you are inactive for an extended period of time.

User Generated Content

All PressPlay Platform Users agree and acknowledge that any information, materials, text, software, music, audio, photos, graphics, images, information or other materials, including but not limited to information, materials, text, software, photos, graphics, images, information or other materials (collectively “User Generated Content) publicly posted or privately transmitted by them or via their account on the PressPlay platform shall be the sole responsibility of the Platform User. If any loss or damage is caused directly or indirectly to the rights and interests of the Company or any third party, the Platform User shall be solely responsible for all damages.

We neither endorse nor assume any liability for any User Generated Content posted to the Service. We do not guarantee in any manner the authenticity, truthfulness, completeness, reliability, validity, accuracy, or quality of any User Generated Content. If any User Generated Content is determined to be false, misleading or otherwise defective, any risks incurred from reliance upon such User Generated Content will be borne by either the Platform User or the Platform User who posted or transmitted the User Generated Content.

Any feedback, comments, or suggestions you may provide regarding PressPlay or the Service is entirely voluntary, and you authorize the Company to use and share this content with anyone, distribute it and promote it on any platform and in any media, and to make modifications or edits to it as we see fit, without any obligation to you. You agree that you shall have no recourse against the Company for any alleged or actual infringement or misappropriation of any proprietary right in your communications to the Company.

PressPlay may suspend the posting or transmission of certain User-Generated Content that violates these Terms or the Documentation, as the case may be, and take any related corresponding actions including but not limited to suspending the Platform User from the PressPlay Platform and taking any appropriate legal action.

We and our agents have the right, at our sole discretion, to remove any User Generated Content that, in our judgment, does not comply with these Terms, the Documentation, applicable law, and/or any other rules of user conduct for the Service, or that is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing any User Generated Content from the Service. You hereby consent to such removal and waive any claim against us arising out of such removal of any User Content, whether it is your own or another user’s. You further acknowledge that we reserve the right to take any related corrective actions including but not limited to suspending you from the PressPlay Platform and the pursuit of all available legal remedies.

Platform Users shall not transmit, publish, or disseminate any computer viruses, worms, Trojan horses or other malicious software, or invade the PressPlay platform or increase the capacity burden of the PressPlay platform, or interfere with, interrupt or destroy the PressPlay platform in any other way. The normal operation, security, secrets or interface of the PressPlay platform, and shall not conduct any part of the PressPlay platform or the use or acquisition of the PressPlay platform, including but not limited to modification, copying, copying, renting, lending, selling, reselling, etc. or for any other commercial or non-commercial use.

Platform Users further agree not to upload, share, publish, disseminate or transmit information containing the following content:

Intellectual Property

All rights associated with User Generated Content are owned by the Platform User who originally uploaded and/or posted such content. Platform Users are not permitted to use the User Generated Content of any other Platform User without express authorization or consent in any way (including but not limited to modification, reproduction, public broadcast, public transmission, public performance, adaptation, distribution, public publication, restoration engineering, decompilation or reverse assembly) in whole or in part for any commercial or non-commercial purpose.

By publishing User Generated Content on the PressPlay platform, you certify that you are the owner of such content or have obtained the express authorization and/or consent of the owner of such content to publish such content on the PressPlay platform. You further certify that by publishing such User Generated Content, you are not infringing on the intellectual property rights of any third party and that such content does not violate these Terms or applicable laws.

The Company owns all rights to the PressPlay platform and related websites promoting the PressPlay platform (including but not limited to Facebook and Instagram) and all interests arising therefrom, including but not limited to trademarks, copyrights, patents and trade secrets.

If it is proved that there is a violation of the above-mentioned regulations, the violator shall not only remove the infringing use immediately, but also compensate the Content Creator and the Company for the damages and lost benefits and shall pay the Content Creator and the company liquidated damages in the amount of $10,000 USD.

Prohibited Uses

You may only use the Services for lawful purposes. Your use of the Services is subject to all applicable laws and regulations. Furthermore, any data associated with the Services must be treated in accordance with our Privacy Policy.

Platform Users shall not use this Service to harass, abuse, track, threaten or defame any other third party in any way, or use this Service in a way that infringes on any third party's rights or violates applicable laws and regulations. The Company expressly disclaims any and all liability for the aforementioned prohibited uses of the Service.

Platform users or any third party further shall not engage in the following actions without the prior written consent of the Company:

You will not impersonate any person or entity, including any of our employees or representatives or users, or falsely state or otherwise misrepresent your affiliation with a person or entity. You will not stalk, harass, or harm another person via use of the Services, including Company personnel. You will not remove any copyright, trademark, or other proprietary rights notices contained in or on the Services, Company content, or any works other than your own.

You may not frame, mirror, or otherwise simulate the appearance or function of the Services, Company content, or any user’s works, or forge headers, icons, or otherwise manipulate identifiers in order to disguise the origin of any Company content transmitted through the Services.

You may not decompile, disassemble, or otherwise reverse engineer the Services, Company content, or any portion thereof, or otherwise attempt to derive the source code or other trade secrets embodied in the Services.

Legal Liability for Violation

If the platform user or any third party violates any of the above or these Terms, the company or the person authorized by the company has the right to request correction, or directly take all necessary actions, including but not limited to modification or direct deletion of offending User-Generated Content, termination of Platform Users’ rights to use the Service, etc., or take relevant necessary actions in accordance with applicable laws and regulations. If a Platform User violates any of the provisions of the terms of service and causes damage to the Company or any other third party, the Platform User shall bear all damages arising therefrom including but not limited to all resulting losses incurred by the Company and any impairment of the Company’s goodwill.

Subscriptions, Payments, and Cancellation

Your subscription will continue and automatically renew on a monthly basis unless and until you cancel your subscription, or your account is otherwise suspended or terminated pursuant to these Terms. Your subscription will renew each month and your payment method on file will be charged for the subscription fee, as well as any applicable tax. You agree to provide updated payment information upon request and any time the information you previously provided is no longer valid. We reserve the right to change the timing of our billing, including if your payment method is invalid.

If you are located in a country where use and sales tax, goods and services tax, or value added tax is applicable to consumer sales, we will collect and remit the tax to the proper tax authorities.

PressPlay collects all fees through secure third-party payment processors. Our third-party payment processors accept payments through methods detailed on the applicable payment screen. Such payment methods are subject to change. Information that you supply to our payment processors is not stored by us or within our control and is subject to each of our third-party payment processors’ own privacy policies and terms and conditions. Third-party payment processors may charge a fee to process payments and PressPlay is not responsible for any fees charged by them. PressPlay disclaims all liability with regard to any fees or problems you have with third-party payment processors.

The Company reserves the right to develop and launch new products or services or make changes to any products or services offered through the Service. If you choose to purchase any additional products or services offered by PressPlay or, you may be charged additional amounts for such products or services.

The Company also reserves the right to change the terms of your subscription, including price, from time to time, effective as of the beginning of your next billing period following the date of the change. We will give you advance notice of these changes, but we will not be able to notify you of changes in any applicable taxes. If you do not wish to accept the price change or change to your subscription plan, you can cancel your subscription before the change takes effect.

Price changes, whether pertaining to subscriptions or other products, may be the result of many factors, including changes in costs related to procuring content or providing the Services, changes to market conditions or the consumer price index, or changes to applicable tax rates. Should these costs go up, we may increase our prices accordingly. Should these costs go down, we may decrease our prices accordingly.

Our Materials and License to You

All right, title, and interest in and to the PressPlay platform Services, including our websites, our existing or future applications, our APIs, databases, and the content our employees or partners submit or provide through our Service, including sponsored advertisements or other information presented through the Service, are and will remain the exclusive property of the Company and its advertising partners, respectively, and their licensors. Our Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing gives you a right to use the Company name or any of the Company’s trademarks, logos, domain names, and other distinctive brand features.

Platform Users shall not modify, reproduce, copy, steal, rent, lend, sell, distribute part or all of the software, or make derivative works based on it, or use unauthorized modified software, including but not limited to the purpose of unauthorized use of PressPlay platform services, without the express authorization of the Company or advertisers.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Services, solely as expressly permitted by these Terms and subject to all the terms and conditions of these Terms and other Documentation, all applicable laws, and any additional terms contained on the Service. Any other use of the Services is strictly prohibited. Nothing contained on the Services should be interpreted as granting to you any license or right to use any of the Services, User Generated Content and/or any third-party proprietary content on the Services without the express written permission of the Company or the relevant third-party owner, as applicable. Any rights not expressly granted herein are reserved by the Company.

Trial Period

Members who pay for access to a project or plan (“Plan”) by credit card on the PressPlay platform shall receive access to a 7-day trial period (including public holidays) from the date and time of payment (“Trial”).

After the company receives a refund request from a Member, the Company will verify the validity of the request and the identity of the Subscriber. For approved requests, the Company will process a credit card refund to the Subscriber within fifteen (15) business days. If the Member has a refund request is during the first three (3) days, then the Member will be eligible for a full refund if the request is approved, less any applicable fees. If the Member has a refund request is during the remainder of the Trial, then the Member’s refund, if approved, will be reduced to thirty percent (30%) of the original Plan price, less any applicable fees. If the Member pre-order a project plan during the Fundraising Procedure , when the Member has a refund request is during the Fundraising Procedure or before a project is launched, then the Member will be eligible for a full refund if the request is approved.

Members may only apply for a refund once during a Trial and are not eligible for a subsequent Trial or request for a refund on any replacement Plan.

The Company reserves the right to reject a request for refund for any reason, including the abuse of the Trial process, in its sole discretion.

The Company, in its sole discretion, reserves the right to modify or remove some or all content from any subscription or one-time purchase Plan at any time. If the removal of such content adversely affects the rights or interests of any Member, the Company will make an announcement on the PressPlay platform. Affected Plans will be refunded to Members before the 10th day of following month, less any applicable handling fees. However, any announcement made on or after the 25th day of the current month will be made before the 10th of the month following the upcoming month (for example: an announcement on April 5 confirms the cancellation of the subscription plan or one-time purchase plan and the Member will receive a refund on May 10; an announcement on April 25 confirms the cancellation of the subscription plan or one-time purchase plan and the Member will receive a refund on June 10). If a refund date falls on a holiday, it will be postponed to the next business day.

The company is not responsible for the content, production progress or quality of performance received in connection with any subscription or one-time purchase Plan from a Content Creator's project. Disputes arising from project content, subscription and purchase between Content Creators and Members or any other Platform Users shall be between the Content Creator and those persons.

Generally, refunds for subscriptions or one-time purchase plans that Content Creators are unable to fulfill should be handled by the Content Creator, and the Company does not assume any responsibility. However, the Company reserves the right to request damages from those Content Creators who cannot fulfill a subscription or one-time purchase Plan (including but not limited to those who cannot provide digital content or physical content or cannot provide it at the scheduled time) due to reasons attributable to the Content Creator. In such case, the Company may opt to issue refunds to those affected Members and request reimbursement from the Content Creator.

The company shall not be responsible for any other losses or damages caused by a Content Creator’s inability to fulfill a subscription or one-time purchase Plan. The Content Creator shall be solely responsible for any disputes arising from the foregoing, or any loss or damage to Members.

Reporting Infringement

If you believe that User Content on the PressPlay platform violates a patent, trademark, trade secret, right of publicity, or other right of any party, please contact our Customer Support team at cs@pressplay.cc.

In accordance with the Digital Millennium Copyright Act (“DMCA”), we’ve adopted the following policy specifically for copyright infringement. We reserve the right to (1) block access to or remove material that we believe in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members, or users, and (2) remove and discontinue service to repeat offenders.

If you believe that material or content residing on or accessible through the Service infringes your copyright (or the copyright of someone whom you are authorized to act on behalf of), please send a notice of copyright infringement containing the following information to our Customer Support team at cs@pressplay.cc:

Our Customer Service team will generally make a determination on a report within fifteen (15) business days of submission, depending on the current volume of requests. Please contact our Customer Service team at cs@pressplay.cc for additional information.（The aforementioned period will not include holidays in Taiwan.）

Disclaimer of Warranties

The Service and all materials included therein (whether housed on the Service alone or also on a third-party platform) are provided on an “as is” and “as available” basis without warranty of any kind, either express or implied, including the implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement. Without limiting the foregoing, we make no warranty that (a) the Service and materials will meet your requirements, (b) the Service and materials will be uninterrupted, timely, secure, or error-free, (c) the results that may be obtained from the use of the Service or materials will be effective, accurate, or reliable, or (d) the quality of any class or Event that you attend via the Service, or any other products, services, or information purchased or obtained by you from the Service, from us or our affiliates, will meet your expectations or be free from mistakes, errors, or defects.

The use of the Service or the downloading or other acquisition of any materials through the Service is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage or loss of data that results from such activities.

In the event that any content available on the Service is also available through any third-party platform, or if PressPlay provides links from the Service to any third-party platform or permits any third-party to link from its platform to the Service, you understand and agree that the Company makes no warranty of any kind, express or implied, and accepts no responsibility for any content or practices of such third parties or their platforms. Such platforms are not under the control of the Company, and the Company provides and/or permits these links only as a convenience to you.

To the extent any Content Creator or PressPlay provides any information regarding health, wellness, or physical exercise through the Service, we do so only in a general way. You acknowledge and agree that the Service is not intended to be, and will not be used as, a substitute for medical treatment by a healthcare professional. You agree to consult your healthcare provider before initiating any physical exercises or wellness practices and follow your provider’s advice accordingly. You agree that the Company will not be liable for any injury, loss, or damages arising from your access or practice of any health, wellness, and/or physical exercise content.

Some states or jurisdictions do not allow the exclusion of certain warranties, so some of the above limitations may not apply to you.

Limitation of Liability

In no event shall the Company or its officers, directors, employees, agents, affiliates, and their respective successors and assigns (collectively, the “Company Parties”) be liable to you or any third-party for any special, punitive, incidental, indirect, or consequential damages of any kind, or any damages whatsoever, including those resulting from loss of use, data, or profits, whether or not we have been advised of the possibility of such damages, and on any theory of liability, arising out of or in connection with the Service, any Event, or any web site or third-party platform referenced or linked to from the Service or that otherwise displays Company-affiliated content.

To the fullest extent permitted by law, you hereby release and hold harmless the Company and each of the other Company Parties from any claims or damages of any kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, relating to your use of the Service, including as it relates to the acts or omissions of any third party used by PressPlay to facilitate the Service or any payments related thereto. You agree and understand and intend that this assumption of risk and release is binding upon you and your heirs, executors, agents, administrators, and assigns.

Some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, so the above limitations may not apply to you to the extent such jurisdictional restrictions are applicable.

If applicable, you waive California Civil Code Section 1542, which states, in relevant part: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

Indemnification

Upon a request by us, you agree to defend, indemnify, and hold us and the other Company Parties harmless from all liabilities, claims, and expenses, including attorneys’ fees, that arise from your violation of these Terms or any of the other Documentation, or negligent or wrongful conduct, including with respect to any User Generated Content you upload or place onto the PressPlay Platform.

Recommended Software and Hardware Specifications

The minimum operating system supported by the PressPlay platform:

Web: windows, MacOS.

Android: minimum Android 8.0 (inclusive) or above and Chrome core 67 or above

iOS: iOS 14 (inclusive) or more.

Browsers supported by the PressPlay platform: Microsoft Edge 100 and above; Chrome 100+; Firefox100 (Quantum) or above.

Sanctions and Export Laws

You acknowledge that the Services and the items made available through the Services, are subject to U.S. export control and sanctions laws and regulations, including the Export Administration Regulations (“EAR”) and the regulations, rules, and executive orders administered by the Office of Foreign Assets Control of the U.S. Department of the Treasury (“OFAC”) (collectively, the “Export Controls and Sanctions Laws”). You represent and warrant that you (as an individual or as a representative of any entity on whose behalf you use the Services) are neither located in nor a resident of any country that is subject to applicable U.S. trade sanctions or embargoes (such as Belarus, Cuba, Iran, North Korea, Russia, Syria, or the Crimea region of Ukraine). You represent and warrant that you are not a person or entity who is named on any U.S. government list of restricted parties that would require a license to use the Service. You also represent and warrant that you are not owned 50% or more by such a restricted party if such ownership would cause you to become subject to similar restrictions as those set forth herein.

If you become subject to such a restriction during the term of any agreement with the Company, you will notify us within 24 hours, and we will have the right to terminate any further obligations to you, effective immediately and with no further liability to you (but without prejudice to your outstanding obligations to the Company).

You may not access, use, export, re-export, divert, transfer in-country, or disclose any portion of the Services or any related software, technical information, or materials, directly or indirectly, in violation of any United States and other applicable country Export Controls and Sanctions Laws, rules, and regulations and requirements. You agree not to upload any content or technology (including information on encryption) whose export is specifically controlled by such laws.

Governing Law and Forum

You agree that the Service shall be deemed a passive interactive service and shall not give rise to personal jurisdiction over the Company, either specific or general, in jurisdictions other than California. These Terms, together with the Privacy Policy and the other Documentation, shall all be governed and construed in accordance with the internal laws of the State of California, without regard to conflicts of law principles.

You agree that any legal action or proceeding between the Company and you for any purpose concerning these Terms, the Privacy Policy, the Documentation, or your use of the Service shall be brought exclusively in a federal or state court of competent jurisdiction sitting in the State of California, and you submit to personal jurisdiction therein and agree to waive any objection that such courts are an inconvenient forum for the resolution of such action.

Any cause of action or claim you may have with respect to any of the foregoing matters must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.

Miscellaneous

These Terms, together with any other Documentation published from time to time, constitute the entire agreement between you and the Company concerning the Service and the services provided by PressPlay.

If any provision of any such document is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions thereof, which shall remain in full force and effect.

The Company's failure to insist upon or enforce strict performance of any provision of these Terms or any of the other Documentation shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms.

The Company may, in its sole discretion, transfer, without further consent or notification, all contractual rights and obligations pursuant to these Terms of Service to any affiliate or partner of the Company or to another third party in the event that some or all of the business of the Company is transferred to such other third party by way of merger, sale of its assets, or otherwise.

Most communication between the Company and you will be sent and received electronically. You agree that all electronic communication between the Company and you shall satisfy any legal requirements that such communications be in writing.

Notice for California Users. Under California Civil Code Section 1789.3, California users of the Services are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.

Any rights of the Company not expressly granted herein are reserved.

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