These Terms and Conditions (referred to as these “Terms”) govern (i) your use of PressPlay (the “Platform”); (ii) your engagement with Dragonfly Media Limited (referred to throughout as “Dragonfly”, “we” or “us”) as a member of our audience panel for the purposes of reviewing and providing feedback on Content (defined below) through the Platform (an “Audience Member”); and (iii) your access to all content available via the Platform, including any films, trailers, clips, scripts, characters, music, lyrics, polls, games, audio, documentation and any other materials viewed, provided or made available to you by or on behalf of Dragonfly or otherwise via the Platform (collectively, the “Content”).
By signing up to create an account as an Audience Member and accessing the Platform, you as the account creator agree to be bound by, and to comply with, these Terms. We recommend that you save a copy of these Terms for your reference.
If you have any questions regarding these Terms or would like to contact us with any related queries on your use of the Platform or your access to the Content, you can do so by emailing [email protected].
Your account & ID verification
You must be at least 16 years of age to become an Audience Member and you must only register one account per person. As part of the sign-up process your age, identity and background will be verified by our third party identity verification provider. You promise to us that all information and documentation that you provide to us as part of the sign-up and verification process is true, accurate and complete and that you have the legal right to share it with us.
Your account is strictly personal to you and you must not allow access to, or share your login details, password or any other account information (collectively “Credentials”) with any other individual (whether a member of your household or otherwise). You shall be responsible for keeping your Credentials strictly confidential and secure at all times. You shall remain liable to us for all use of your account and any access to the Platform via your account, whether authorised by you or otherwise. We reserve the right to amend your screen name, username or other handle if we deem them to be inappropriate or potentially offensive to other Audience Members.
You understand and accept that we have the right to suspend or terminate your account at any time if you breach these Terms, where we deem necessary in order to protect the interests of you, other users, Dragonfly or any of our customers or suppliers or where we determine in our discretion that your account has been materially inactive or unused for a prolonged period of time.
Strict confidentiality
As a valued and trusted Audience Member, you will from time to time have access to certain Content via the Platform. You understand that the Content may be highly confidential and will often be provided to Audience Members exclusively prior to being disclosed to the wider public. During your time as an Audience Member you may also have access to the confidential information of Dragonfly, its Content providers or its customers or suppliers. This information, together with the Content itself, is collectively referred to as “Confidential Information”.
You agree to: (i) ensure the absolute security and confidentiality of the Confidential Information at all times and (ii) not disclose the Confidential Information (whether in whole or in part) to any other person at any time.
You understand that your role as a trusted Audience Member comes with responsibilities, particularly regarding confidentiality and public disclosures. You must not at any time disclose to any person in any form (including for the avoidance of doubt by posting on social media or any other public forum): (i) the details or nature of any Content viewed via the Platform (e.g. plot lines, characters, endings etc.); (ii) your feedback, views or opinions on the Content; or (iii) the fact that you have viewed the Content.
Content & platform restrictions
You understand and agree that Dragonfly employs various technologies to prevent the recording or copying by you or any third party of any Content. If these technologies detect that you are: (a) attempting to record or copy Content (e.g. recording your screen with a phone, camera or screen recording software); (b) viewing or accessing the Content in breach of these Terms (e.g. watching with friends or family, or watching from a non-approved location); or (c) breaching any other part of these Terms, your access to the Content will be automatically suspended.
In addition to the ID and verification checks on you as an individual, we may also use digital fingerprinting technology to gather certain information about your device hardware and software for quality control and fraud prevention purposes. This may include the automatic capture of information about your IP address, location data, operating system, screen display settings, browser type, use of Flash and Java and whether your device has a camera.
You may only access the Content remotely: (a) from your specified “home” location as submitted when you registered your account with us; and (b) in accordance with any other device or geo-location requirements that may be specified by us from time to time.
You shall not at any time do, or attempt to do, or authorise or allow any other person to do, any of the following acts:
copy, archive, reproduce, distribute, modify, display, mirror, frame, link to, perform, publish, license, create derivative works from, offer for sale, or use any Content or element of the Platform other than as expressly authorised in writing by Dragonfly;
circumvent, remove, alter, deactivate, degrade, block, obscure or thwart any of the security or content protections or other elements of the Platform or Content, including the graphical user interface, any advertising or advertising features, copyright notices, and trademarks;
use any robot, spider, scraper or other automated means to access the Platform or Content;
decompile, reverse engineer or disassemble the Platform or any other software made available to you by Dragonfly;
insert any code or product into or otherwise manipulate the Platform or Content in any way;
use any data mining, data gathering or extraction method; or
upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Platform, including any software viruses or any other computer code, files or programs.
You understand that the Content may be provided by third parties and that Dragonfly gives no promises or commitments as to the nature, quality or standard of the Content. By way of example the Content may include work in progress material or film or audio which is not of final public release quality.
You understand that the Platform and Content is accessed via the internet and that we are not responsible for your connection to the Platform or for any third party service, hardware or materials used to access the Platform. The quality of the display of the Content may be affected by various factors including your location and the speed of your internet connection. We make no promise or commitment to you regarding the availability or performance of the Platform at any time.
You understand and acknowledge that illegally recording, copying, distributing and/or pirating copyrighted content may be a criminal offence and individuals who are found guilty of such offences may be subject to criminal sanctions.
Your role as an Audience Member
As an Audience Member you may have the opportunity via the Platform to provide your views, opinions and feedback on the Content. This feedback, including any and all contributions made by you, including all survey responses, ideas, inputs, suggestions, community posts, submissions, recordings, video, photos, camera capture and any other feedback on the Platform or the Content or any other information you provide to us via the Platform, is collectively referred to in these Terms as “Feedback”.
You will provide all Feedback to the best of your ability and you agree that all Feedback is true, represents your genuinely held beliefs, is accurate and is provided by you in good faith. You acknowledge and understand that where you do not provide full or complete Feedback (for example, by not completing surveys post-viewing of Content), you may not be provided access to exciting future Content and/or you may not be entitled to earn/receive PressPlay Points (as defined in paragraph 7 below).
You understand that as an Audience Member you are part of a special and unique community. Accordingly, you shall comply with all community guidelines and agree to act with respect and in good faith in all engagements with the Platform, including your interactions with other Audience Members, with regard to the Content and with Dragonfly.
You shall not do or say anything that would bring Dragonfly, the Platform or Dragonfly’s customers or Content providers into disrepute.
You understand and agree that nothing in these Terms shall be construed to obligate us or our Content providers or our customers or suppliers to use your Feedback.
Intellectual Property
You hereby promise to us that: (i) all Feedback is original, is not confidential and does not infringe the rights of any third party; and (ii) you have not disclosed the Feedback to any third party.
You hereby irrevocably and absolutely assign to Dragonfly with full title guarantee all right title and interest in or relating to the Feedback, including any and all intellectual property rights subsisting in or pertaining to the Feedback.
You hereby waive: (i) all moral rights which you may now or in the future be entitled to in the Feedback pursuant to the Copyright, Designs and Patents Act 1988; and (ii) any other similar or equivalent rights which may exist anywhere in the world. You further acknowledge and agree that any use of your Feedback by us or our Content providers or our customers or suppliers shall not entitle you to any form of credit in respect of the final published or distributed versions of the Content or any associated publicity.
For the avoidance of doubt, all rights (including intellectual property rights) in or relating to the Platform and the Content are fully reserved by and retained by Dragonfly or its customers and suppliers (as appropriate).
You are hereby granted the non-exclusive, revocable, limited personal right to view the Content on your approved device solely for the specific purpose of providing Feedback as requested by us.
Rewards
By viewing Content and providing Feedback in accordance with these Terms you will have the opportunity to accrue reward points on the Platform (“PressPlay Points”). You can convert your PressPlay Points into various rewards (“Rewards”) via the “Points & Rewards” page accessible from your dashboard.
You shall not, whether directly or indirectly, through any automated, technical or other means, seek to fraudulently or artificially accrue PressPlay Points or claim Rewards. If we suspect you are engaged in such conduct or are otherwise in breach of these Terms (for example, you are not providing Feedback in accordance with these Terms, are operating multiple accounts or are otherwise seeking to fraudulently or artificially accrue PressPlay Points) we may suspend your account immediately and withhold your ability to claim Rewards. We reserve the right to withhold or award PressPlay Points at our sole discretion based on our determination of you successfully providing the relevant Feedback. We may also need to adjust or correct PressPlay Points if, for example, you have been awarded them in error or there is a system fault in displaying your PressPlay Points.
All Rewards are managed and provided by a third party service provider. Accordingly Dragonfly shall have no liability to you or any other third party in relation to the claiming, redemption, nature or content of Rewards. You acknowledge that your redemption of Rewards may be subject to additional terms and conditions of the third party service provider and/or the applicable third party with which the Reward is redeemed.
For the avoidance of doubt, the accrual of PressPlay Points will be the sole benefit for the provision of any Feedback and you shall not be entitled to any compensation, remuneration, royalties or any other financial or non-financial benefit.
Please note that if you wish to deactivate your account with us, you should redeem all your PressPlay Points and exchange them for Rewards prior to unsubscribing, otherwise you will forfeit the remaining PressPlay Points associated with your account and they will be automatically deleted.
If your account is inactive for a period of 18 months, your unredeemed PressPlay Points will automatically be deleted – though we will contact you by email to notify you that this is about to happen and give you the opportunity to redeem them.
Data protection
Dragonfly is committed to privacy and the security and protection of any personal data you may provide to us via the Platform.
To find out more about what personal data may be provided by you, collected by us and how it will be used, as well as further details on your rights in respect of this data, please see our Privacy Policy.
Liability
Dragonfly provides access to the Platform using reasonable skill and care, but we cannot guarantee that the Platform will always function without disruptions, delays or imperfections.
Nothing in these Terms excludes or limit our liability to you for: (i) death or personal injury caused by our negligence; (ii) fraudulent misrepresentation; (iii) any statutory compensation you may be entitled to for damage to your device or anything on it caused directly by our Platform or the Content; or (iv) any other liability which the law does not permit us to exclude or limit.
Other than as set out above, we shall not have any liability to you, including for: (i) events or acts beyond our reasonable control; (ii) errors, omissions, interruptions, bugs or viruses on the Platform or in the Content; (iii) changes to the Platform or Content, including removal of Content or features; (iv) any loss of data or materials; or (v) any other losses you may suffer as a result of use of the Platform or accessing the Content.
You agree only to use the Platform strictly in accordance with these Terms and that you will compensate us (and our Content providers, our customers, suppliers, employees and agents) in full for any damages, losses, costs, expenses (including reasonable legal fees) and liabilities that we (or the other persons and parties listed in this paragraph 9.4) incur that arise out of any breach by you of these Terms or as a result of your misuse of the Platform, the Content and/or any other services we provide.
Other provisions
These Terms represent the entire agreement between you and us and shall, to the extent permitted by applicable law, apply to the exclusion of all other oral or written agreements or express or implied terms, conditions or warranties.
If any provision of these Terms is found by a competent court to be invalid, illegal or unenforceable, it shall not affect the validity or enforceability of any other provision of these Terms. No failure or delay by Dragonfly to enforce any provision of these Terms will constitute a waiver of that provision or the right to enforce it.
We may amend these Terms from time to time. We will notify you of any such changes at least thirty (30) days before they come into effect. If you do not wish to accept the changes you may cancel your account with us and cease use of the Platform.
Without limiting any rights or remedies that we may have against you for any breach of these Terms by you, you acknowledge and agree that money damages alone would not be an adequate remedy for any such breach and that accordingly we shall be entitled, without proof of special damages, to the remedies of injunction, specific performance or any other equitable relief for any threatened or actual breach by you of these Terms.
There Terms shall be governed by and construed in accordance with the laws of England and any dispute arising between us in relation to these Terms shall be subject to the exclusive jurisdiction of the courts of England & Wales.