Media Server Downloads | Plex Media Server for Windows, Mac, Linux, FreeBSD and more (2023)

Terms of use

Reviewed June 6th, 2023

By using or otherwise accessing the Plex website, Plex software, mobile or web application, or any related Plex service (collectively, the "Plex solution”), you accept and agree to the following Terms of Service (thisTOS”). Plex GmbH ("grid”) is willing to license and permit use of the Plex Solution subject at all times to your agreement to these Terms of Service.If you do not agree to these Terms of Service, please do not use the Plex Solution.

IMPORTANT NOTICE: THESE INSTRUCTIONS CONTAIN A BINDING ARBITRATION AND CLASS ACTION PROVISION. AFFECT YOUR LEGAL RIGHTS AS LISTED IN THE ARBITRATION AND CLASS RESOLUTION SECTIONBELOW. PLEASE READ CAREFULLY.

1. PERMISSION.

General description. For more information on the currently available Plex solution, clickhere. The Plex Solution is provided in accordance with these Terms of Service to individuals (and not entities) residing in the countries or regions where Plex makes its products and services available.

General Plex Solution Grant. The Plex Solution is made available by Plex and provided by this Term to you (hereinafter referred to as "you"oh one"user"or with"is” (as defined below)) a personal (non-commercial), revocable, limited, non-exclusive, non-transferable, non-assignable license to access and use the Plex Solution (by you and your Authorized Users (as defined below) ) subject to your continued compliance with these Terms of Service. You may print and download Plex materials and information from the Plex Solution solely for your personal use, provided that all printed copies contain all applicable copyright and other notices contained (or will appear with) such materials and information and that (or authorized Users do not distribute or disclose such materials and information. The content design, format, and features (or functionality) of online or remote access procedures for the Plex Solution will be made available by Plex in its sole discretion You further acknowledge and agree to the following: (i) Plex has the right to control and direct the means, manner and method by which the Plex Solution is provided. (ii) Plex may, from time to time time, hire independent contractors, consultants or subcontractors to assist Plex in providing or using the Plex Solution. and (iii) Plex has the right to provide the Plex Solution to others.

PMS software downloads. Plex may make available software or a mobile application downloadable through or as part of the Plex Solution for use in connection with managing your personal media ("PMS software"). The right to use the PMS Software is provided as part of the grant (above) to use the Plex Solution in accordance with these Terms of Service and is subject to the following additional obligations. You may use the PMS Software only on a device or hardware that you own or control and as part of your use of the Plex Solution or other Plex service. You hereby acknowledge that the PMS Software may include or allow integration with certain third-party executable modules that may be subject to additional license terms and conditions. References to the Plex Solution in this document shall include the PMS Software and any embedded third-party executables it uses.

interface software. "interface software”means any software you acquire or provide that accesses or calls any PMS software provided by Plex as part of the Plex Solution, including, without limitation, plugins for the Plex Solution, channel plugins, metadata agents, and directly or indirectly communicating client applications with the Plex solution. You are responsible for any Interface Software, including any data collection that may be done or performed through the Interface Software. Plex encourages implementation and compliance with data collection and use practices that are substantially similar to those set forth in Plex's privacy policy (defined below). By making any Interface Software available or assisting others to do so, you grant Plex a worldwide, non-exclusive, royalty-free license to use (including testing, hosting and linking), copying, public performance, public display (including screenshots), reproduce copies for distribution, marketing or promotion (as part of the Plex Solution or other Plex services) and distribute copies of any Interface Software (or its associated name). In connection therewith, you agree to provide and include (or link to) a privacy notice that summarizes practices consistent with Plex's privacy policy set forth below and includes in the source code of the Interface Software a copyright notice. >. Any collection of data by Plex must be consistent with Plex's privacy policy (set forth below). Subject to Plex's inclusion of this notice (if you first provide it to Plex), you grant and authorize Plex to grant a license on your behalf, if necessary, free of charge, to any person who obtains a copy of the Interface. Plex Software and related documentation, to operate the Interface Software without limitation, including, without limitation, the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Interface Software and to allow persons to which the interface software is provided to do so. You represent and warrant that you have all necessary rights to grant the above grants and further agree that you will use and integrate the Interface Software in a manner consistent with acceptable use of the Plex Solution in accordance with these Terms of Service. You can let us know (clickhere) if you do not want Plex to use the Interface Software that you create and own. Any such notice must include all requested information and representations (as indicated by Plex). Plex will comply with such request appropriately and discontinue use of the Interface Software, but Plex must be granted a transition period of at least thirty (30) days after receipt of the compliance request. However, Plex is not required to confirm the removal or discontinuation of the Interface Software by you or others (including Authorized Users) beyond your control.

Content available through the Plex solution.Subject to the above grant of use of the Plex Solution, the Plex Solution allows you to view or otherwise access Original Plex or third-party Content. "Content" includes, but is not limited to, text, graphics, photographs, sounds, audio and video in the form of, but not limited to, news reports, video and music. The availability of this Content is subject to change and not all Content is available in all formats. Use of the Content is subject to the Plex Solution license, but in addition, it will remain non-transferable and may be subject to additional license terms specified by the respective third-party licensors. Third Party Content displayed on or accessible through the Plex Solution is protected by copyright and other intellectual property laws and belongs to their respective owners or licensors. This Term does not grant you the right to copy (hereafter), distribute, prepare derivative works of, publicly display or use any Content. You are expressly prohibited from engaging in or facilitating any unauthorized sharing or distribution of Content.

Plex Solutions Updates.Plex may, but is not obligated to, update the Plex Solution with new or incremental updates, upgrades, upgrades, enhancements, additions, features or functionality generally available through the Plex Solution (as determined by Plex in its sole discretion ). or modifications provided as part of product support and any other support or maintenance services provided by Plex as part of or otherwise in connection with the Plex Solution (collectively, "Plex Solutions Updates"). In certain circumstances, you may be required to consent or agree to use and apply an applicable Plex Solution Update from time to time, including but not limited to as a means of protecting the Plex Solution from unauthorized use, content or data. If you decline a Plex Solution update, you may not be able to use or access the Plex Solution (in whole or in part) and Plex will have no responsibility for your continued use. Unless otherwise indicated, references to the Plex Solution include any Updates to the Plex Solution.

Support.This Term does not entitle you to support or installation services (collectively, “Support"). Any such Support that Plex may make available, in its sole discretion, will be subject to separate terms and conditions with Plex.

authorized users.Subject to any third-party license restrictions for the applicable Content, you may allow members of your immediate family, for whom you will be responsible (each a “authorized users”), to access and use the Plex Solution, provided that such use remains in compliance with these Terms of Service. However, you acknowledge and agree that you will be responsible for monitoring your and your Authorized Users' use of the Plex Solution and for maintaining compliance with these Terms of Use and any applicable third-party license restrictions for Content. Any breach of these Terms by an Authorized User shall constitute a breach by you. Unless otherwise noted, references to "you"The"isTherefore, in these Terms of Service, it refers to you, your Authorized Users, and the person or entity listed in your Plex account.

limitations.This TOS is a license only and not an assignment or sale. Plex does not transfer to you or any other interest or title of ownership or intellectual property in the Plex Solution. Plex expressly prohibits any third party from selling or buying access to the Plex Solution or any other service that misuses the Plex Solution in violation of these Terms. In addition, Plex reserves all rights not expressly granted by these Terms of Use. Accordingly, you may not modify, translate, decompile, create derivative works from, copy, distribute, disassemble, transmit, transmit, publish, remove or modify any proprietary notices or labels, grant licenses, sublicenses (other than to an authorized user (s )), transfer, sell, copy, frame, exploit, rent, lease, private label, assign a warranty, or use in any other manner not expressly permitted herein (or by the Plex) of the Plex Solution. In particular, and without limiting the above, there is no right to further distribute the PMS Software to the public or beyond the limited license (above). In addition, these Terms of Use do not grant any right to modify the PMS Software or grant any right or license to use any third-party executable modules or accessible content other than as limited and expressly granted herein.

2. OBLIGATIONS OF THE USER.

Generally.You represent that you are at least eighteen (18) years of age (or the legal age of majority, whichever is greater) and that you will at all times provide true, accurate, current and complete information when submitting information or material to or through the Plex Solution, including without restricting the provision of information through a Plex Solution registration, account or submission form. You are responsible for completing any registration or account requirements to access the applicable Third Party Content available through the Plex Solution. Persons under eighteen (18) years of age (or the applicable age of majority) may use the Plex Solution only with the participation and consent of (the OP of) a parent or legal guardian and then only as an Authorized User under a parent or legal guardian . legal guardian account. You also represent that you (or the person who accepts, agrees to or acts in accordance with these Terms of Service) is authorized to act on behalf of the person or entity named on the account with Plex. In addition, you agree to comply with all applicable local, state, national and international laws and regulations regarding your use of the Plex Solution. In particular, you may not take any action that infringes the intellectual property rights of Plex or any other third party. If you violate these Terms of Service, Plex has the sole discretion to permanently suspend or disable your access to the Plex Solution, and we may permanently disable or delete your account or prohibit you from creating a new account. You acknowledge that your unauthorized use of third-party copyrighted content may subject you to civil and criminal penalties, including possible monetary damages, for copyright infringement. You also acknowledge and agree that your use of the Internet and the Plex Solution is at your own risk. You further understand that by using the Plex Solution you may encounter content that you may find offensive, obscene or objectionable. You assume all responsibility for obtaining and paying all third-party hardware and software licenses and fees required to access the Plex Solution, and for maintaining and backing up your content and data.

User account.You may be asked to provide certain personal information required to create a Plex account. You may be required to create login credentials, such as a username and password, or meet other specific access requirements as determined by Plex in its sole discretion from time to time. You are solely responsible for the activity that occurs under your account and agree to keep your login credentials confidential and secure. You acknowledge that Plex cannot provide controls that limit the maturity level of content available through the Plex Solution. If you allow your child (under 18 or the legal age of majority, whichever is greater) to access your Plex account, you are solely responsible for monitoring your child's use of the Plex Solution and for determining their maturity level that is appropriate or accessible to your child. You must notify Plex immediately if you suspect or become aware of any loss, theft or unauthorized use of your access credentials.

Content and Acceptable Use.The Plex Solution enables you to access content, data, communication and other interactive functions and features (with such uploaded, downloaded, shared or exchanged information or content collectively referred to herein as "user content"). Distribution of User Content may be subject to third party rights. You agree that by using the Plex Solution you will not upload, post, display or transmit any of the following:

• • anything that defames, harasses, threatens, insults or otherwise infringes or violates the rights (including but not limited to patent, copyright or trademark rights) of others;
  • anything that may damage, diminish or harm the goodwill or reputation of Plex and its services;
  • anything that involves impersonating any other person or entity;
  • anything that constitutes viral or harmful programming code, files or software;
  • anything that constitutes spam, junk mail or unauthorized advertising; either;
  • anything that is illegal.

Plex reserves the right to establish additional practices, parameters and limits in its sole discretion regarding the display or availability of any User Content. In addition, Plex is under no obligation to post or use any User Content that does not correspond to or comply with Plex's technical practices, parameters and usage or use limits.

User Content License.You continue to retain any ownership rights you have in the User Content you make available to Plex and/or the Plex Solution. However, by submitting or making available any User Content, you automatically grant Plex a royalty-free, transferable, sublicensable, non-exclusive right and license to use or act on such User Content in compliance with and in connection with the operation of the Plex Solution. The rights you grant are limited to the purpose of providing and operating the Plex Solution. You specifically acknowledge that the Plex Solution facilitates the distribution of User Content and, as part of the aforementioned grant, you grant each user with whom you share content a non-exclusive license to access and use the User Content through the Plex Solution. as permitted. through Plex Solution functionality. You represent that you have all necessary rights to grant the above grants and otherwise make User Content available to Plex and to (and through) the Plex Solution.

No default. Elimination.Plex is not responsible for the shortlisting or editing of your or any other user's User Content, support forum postings or any other communications and encourages all of its users to use reasonable discretion and care when rating or reviewing such content or communications. In addition, Plex does not endorse, oppose or edit any opinions or information provided by you or another user (unless separately and expressly provided by Plex) and makes no representations about or endorses the accuracy, completeness, quality, the acceptability, completeness, timeliness, legality, appropriateness or reliability of any User Content or communication displayed, uploaded or distributed by you or any other user; You also acknowledge that Plex has no control over the extent to which any idea, content or information may be used by any party or person after it is published, shared or displayed. However, Plex reserves the right to take any action within its control with respect to User Content (or portions thereof), support forum postings, or any other communication that Plex reasonably believes is necessary to: (i) comply by any law, regulation, legal process or governmental request; (ii) enforce these Terms, including investigating potential violations thereof; (iii) detect, prevent or address fraud, security or technical issues; (iv) respond to user support requests · (v) protect the rights, property, or safety of Plex, its users, or the public; or (vi) address any act or omission that Plex believes in good faith violates these Terms of Service and/or is , or is potentially, illegal or harmful to Plex, its services or goodwill.

Security enforcement.You may not use the Plex Solution or any of the Plex data, systems, networks or services to engage in, encourage or promote illegal, abusive, dishonest, malicious or irresponsible conduct, including without limitation accessing or using Plex data; systems or networks in an unauthorized manner, attempt to probe, scan or test the vulnerability of a Plex system or network, bypass any Plex security or authentication measures, monitor Plex data or traffic, interfere with any Plex service, collect or use any Plex Solution email addresses, screen names or other identifiers, collect or use Plex Solution information without the owner's or licensor's consent, use any TCP-IP packet header information that is false, misleading or deceptive, use Plex Solution to distribute software or tools that collect information, distribute advertisements, or engage in conduct that may result in retaliation against Plex or its data, systems, or network. Actual or attempted unauthorized use of the Plex Solution may result in criminal and/or civil prosecution, including but not limited to punishment under the Computer Fraud and Abuse Act of 1986 under U.S. federal law Plex reserves the right view, monitor and record activity through the Plex Solution without notice or permission from you. Any information obtained through monitoring, review or recording is subject to review by law enforcement authorities in connection with the investigation or prosecution of possible criminal or illegal activity through the Plex Solution, as well as disclosures required by applicable law or the actions of relevant government services. . Plex will also comply with all court orders or subpoenas related to requests for such information. In addition to the above, Plex reserves the right, at any time and without notice, to modify, update, suspend, cancel or discontinue operation of or access to the Plex Solution or any part of the Plex Solution in order to protect the Plex Solution or Plex.

mobile phone use.The Plex Solution offers a viewing tool or functionality that is available to you through your mobile phone or other portable computing device (“Plex Mobile Solutions"). Please note that your carrier's standard messaging, data and other charges and fees will apply to your use of Mobile Plex Solutions. In addition, your carrier may prohibit or restrict the download, installation, or use of certain Mobile Plex Solutions, and not all Mobile Plex Solutions may work with all carriers or devices or in all locations. Therefore, it is solely your responsibility to check with your carrier to determine if Mobile Plex solutions are available for your mobile devices. what restrictions, if any, may apply to your use of the Mobile Plex Solutions; and how much such use will cost you. However, your use of the Plex Solution shall be strictly in accordance with these Terms of Use.

Comment.Plex welcomes your comments and suggestions about Plex products or services or how to improve the Plex Solution. By transmitting any suggestions, information, material or other content (collectively, “Comment”) to Plex, you represent and warrant that such Comments do not infringe or infringe any third party's intellectual property rights or proprietary rights (including without limitation patent, copyright or trademark rights) and that you have all necessary rights to stream on Plex and enable Plex to use this feedback. In addition, any Feedback received by Plex shall be deemed to include a royalty-free, perpetual, irrevocable, transferable, non-exclusive right and license to you for Plex to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works from works and display (in whole or in part) worldwide or act upon such comments without further approval or consideration, in any form, media or technology now known or hereafter developed for the full duration of such rights as may exist to it, and you waive any claim to the contrary.

3. SUBSCRIPTIONS AND RENTALS.

Plex currently offers access to the Plex Solution at no cost. However, Plex may make available through subscriptions, rentals or other transactional offerings, Content and functionality that is not available in the free version of the Plex Solution. clickherefor more information on subscription offers. All subscriptions and rentals are subject to additional terms and conditions thatare incorporated into this Termand can be accessedhere.

4. PRIVACY POLICY.

Check out PlexPrivacy Policyfor a summary of ithow Plex collects, uses and shares personal data. Plex is not responsible for your use of the Interface Software or any related data collection or usage practices associated with the operation or maintenance of any Interface Software.

5. THIRD PARTY CONTENT, WEBSITES AND PLATFORMS.

Third party content.Third-party content displayed on or accessible through the Plex Solution is protected by copyright and other intellectual property laws and belongs to the respective owner. Use of third party content is subject to the terms of use of the third party providing such content. This Term does not grant you the right to copy, distribute, prepare derivative works of, publicly display, or use any third-party content. You are expressly prohibited from participating in or facilitating the unauthorized sharing or distribution of third-party content.

Links to other websites or applications.Plex may provide links, in its sole discretion, to other websites or applications on the Internet, including the Plex Store. Such other websites are maintained by third parties over which Plex has no control. These links do not imply endorsement of any third party or any third party website or any information, products or services provided by a third party. Plex encourages you to review any applicable terms, conditions or notices governing your use of these third-party sites or applications.

Third Party Platforms and Networks.Some features allow you to sync your content across third-party platforms and networks. These features will improve the performance of the Plex Solution and allow you to better integrate and harmonize the Plex Solution with information stored or used on third-party networks. Use of this feature generally requires you to log into your account with the third-party service, and you do so at your own risk. You should always review and, if necessary, adjust your privacy settings on these networks and platforms before connecting or connecting to the Plex Solution. You expressly acknowledge and agree that Plex is not responsible in any way for such third party services or features.

Additional Terms and Conditions.Additional notices, terms and conditions may apply to certain subscription agreements (including subscription or registration), Plex products, solutions or services, downloading (or accessing) certain content, participation in a certain program and/or certain sections or features of the Plex solution. Without limiting the foregoing, you agree that (a) these Terms of Use are in addition to any terms of use imposed or required by any digital download platform from which you download the Plex Solution ("Application Provider Terms”); and (b) the terms of this OP Supplement and do not amend or modify any such Application Provider Terms.

6. PROPRIETARY AND CONFIDENTIALITY.

Property rights. The Plex Solution is owned by Plex GmbH or its licensors. Copyright 2016-2023 © Plex GmbH and/or its licensors. All rights reserved. All content available through the Plex Solution, unless otherwise noted, is protected by copyright, trade secret or other intellectual property laws. PLEX, the Plex logo and all other names, logos and icons identifying Plex and its solutions, products and services are trademarks owned by Plex and any use of such marks without the express written permission of Plex is strictly prohibited . Please refer to the available Plex Trademark Policy Statement and Guidelinesherefor more information about Plex trademarks or service marks. Other company, product or service names mentioned in this document may be trademarks and/or service marks of their respective owners.

confidentiality. You acknowledge and agree that the Plex Solution contains confidential or non-public information that is the trade secret of Plex and/or its licensors (the "Confidential information"). You agree to ensure and protect the confidentiality of Plex's (and/or its licensors') Confidential Information consistent with the preservation of Plex's rights therein, using at least the same degree of care as you use to maintain the confidentiality of your own confidential information information of a similar nature, but in no event shall you make less than reasonable efforts. You will not, nor will you allow any third party to sell, transfer, publish, disclose or make available to any third party any of the Confidential Information except as expressly authorized in these Terms of Use.

7. REPRESENTATIONS, DISCLAIMER, LIMITATION OF LIABILITY AND INDEMNIFICATION.

Representations and Warranties. You represent and warrant that (i) the person agreeing to these Terms of Service has the legal authority to bind the person named on the account and (ii) has the right, power and authority (a) to enter into these Terms of Service TOS, (b) makes the corresponding and applicable representations and warranties contained herein, and (c) undertakes and complies with the respective duties, obligations and agreements set forth below.

Disclaimer of Warranty. THE PLEX SOLUTION IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. PLEX MAY MAKE MODIFICATIONS AND/OR CHANGES TO THE PLEX SOLUTION AT ANY TIME AND FOR ANY REASON. EXCEPT FOR THE RIGHT TO PERFORM YOUR OBLIGATIONS THEREOF, AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PLEX EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, THAT INTERFERENCE WITHIN USE OF INFORMATION, SECURITY, NON-INFRINGEMENT, MERCHANTABILITY , QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU FURTHER ACKNOWLEDGE AND AGREE THAT PLEX DOES NOT WARRANT THAT THE PLEX SOLUTION WILL OPERATE FREE OF VIRUSES, MALWARE OR HARMFUL SOFTWARE (OR CODE), ERROR-FREE FUNCTIONS, PROCESSES OR ANY LEGAL REGULATION, TECHNICAL OR CERTIFICATION. BECAUSE THE PLEX SOLUTION IS BASED ON YOUR CONTENT AND DATA, YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PLEX SOLUTION. IF THIS DISCLAIMER OF WARRANTY IS ENFORCED BY A COURT OF COMPETENT COMPETENCE IN ANY WAY, THEN ANY EXPRESS OR IMPLIED WARRANTY ORDERED BY THE COURT LIMITED TO 30 PERIOD OF PERIOD INITIAL WARRANTY FOR THE PLEX SOLUTION AND NO WARRANTY SHALL APPLY AFTER THIS PERIOD OF THIRTY (30 ) DAYS.

Limitation of liability. Express exclude and relieve Plex from any requirement for damage that is worth the Plex control, including, without restriction, any damage was caused by material, archives, machine, telephone, sytes. DE THE PLEX CONTROL. PLEX IS NOT RESPONSIBLE FOR YOUR OR ANYONE ELSE'S USE OF ANY INTERMEDIATE SOFTWARE (OUTSIDE YOUR CONTROL). IN ADDITION, ALL USER CONTENT (OR OTHER DATA OR CONTENT) ACCESSED THROUGH THE PLEX SOLUTION IS AT YOUR OWN RISK. IN CONNECTION THEREOF, YOU SPECIFICALLY ACKNOWLEDGE THAT PLEX SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE (THE DELAY IN USE) OF THE PLEX SOLUTION AND SHALL NOT BE LIABLE FOR THE USE OF ANY USER CONTENT BY OTHERS , INCLUDING ITS AUTHORIZED USERS. IN ADDITION, IN NO EVENT SHALL PLEX BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE PLEX SOLUTION EVEN IF PLEX HAS BEEN ADVISED OF THE SOLUTION. POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, YOUR REMEDY FROM PLEX FOR VIOLATION OF THESE TERMS, THE PRIVACY POLICY, OR FOR ANY OTHER REASON RELATED TO OR ARISING OUT OF YOUR USE OF PLEX SOLUTION INFORMATION SHALL NOT EXCEED 1 $00 OR THE TOTAL AMOUNT YOU ACTUALLY PAY ON PLEX IN THE LAST THREE MONTHS IN CONNECTION WITH INDIVIDUAL USE OF THE PLEX SOLUTION, WHICHEVER IS LARGER.

Compensation. You agree to indemnify, defend and hold harmless Plex (and its affiliated companies, contractors, employees, agents and suppliers and partners) from any and all claims, actions, actions, liabilities, losses, costs, damages, expenses and any other liability, including, without limitation, attorneys' fees, arising out of or in any way related to your violation or alleged violation of these Terms, your Interface Software, or for any violation or alleged violation of rights (including, without limitation, patent, copyright or trademark rights) of any other person or entity for your User Content.

8. AGREEMENT TO ARBITRATE AND CLASS ACTION.

Arbitration. You agree that all disputes between you and Plex (regardless of whether such dispute involves a third party) relating to your relationship with Plex, including, without limitation, disputes relating to these Terms of Service, the use of the Plex Solution by you and/or rights of privacy and/or publicity (whether under federal or state statute or common law), will be resolved by binding individual arbitration. Without limiting Plex's right to seek injunctive relief or other equitable relief (as defined below), any dispute arising out of these Terms of Service between you and Plex ("parties") shall be referred to an arbitrator affiliated with Plex Services. Mediation and Judicial Arbitration . Inc. ("JAMS"). The arbitrator will be chosen by mutual agreement of the parties. In the event the parties are unable to agree on an arbitrator within thirty (30) days after the original party notifies the other party in writing that it plans to request arbitration, each party will select an affiliated arbitrator. at JAMS, whom the arbitrators will jointly select. third party arbitrator to resolve the dispute, whose fees will be divided equally between the parties (unless the prevailing party is entitled to recover costs associated with the arbitration); The arbitration will be conducted in accordance with the applicable rules of the JAMS/ENDISPUTE Arbitration Rules and Enhanced Procedures in effect at the time the Request for Arbitration is submitted. The parties specifically incorporate the terms of California Code of Civil Procedure Section 1283.05 with respect to discovery. The decision of the arbitrator shall be binding and may be entered as a judgment in any court of competent jurisdiction. The arbitration shall be conducted and heard in Santa Clara County, California, using the English language. In any action or proceeding to enforce rights under these Terms, the prevailing party shall be entitled to recover costs and reasonable attorneys' fees from the other party. You can only submit claims on your own account. Neither you nor Plex will participate in full class arbitration of any claim covered by these Terms of Service. This dispute resolution provision is governed by the Federal Arbitration Act.

Action class exemption. You and Plex agree to bring claims arising out of these Terms of Service only individually and not as a plaintiff or class member in any purported action or representative class proceeding. Unless you and Plex agree otherwise, the claims of more than one person or party may not be consolidated. You and Plex agree that relief (including monetary, injunctive and declaratory relief) may be awarded only in favor of the individual party seeking relief and only to the extent necessary to provide the relief required by the claim. of this party.

9. general information

Choice of Law and Forum. The Plex Solution is controlled and operated by Plex from its offices in the United States. These Terms of Use are created and shall be construed and enforced in accordance with the laws of the State of California as applied to agreements entered into and performed entirely in the State of California. You access and use the Plex Solution at your own risk and are responsible for compliance with all applicable laws regarding your access to and use of the Plex Solution. Also, Plex is headquartered in the United States. Please note that information that you provide to Plex or that Plex receives as a result of your use of the Plex Solution may be processed and transferred to the United States and is subject to United States law. Without prejudice to the foregoing right to arbitration, any action to enforce these Terms shall be brought in the courts presided over by the Superior Court of Santa Clara County and the United States District Court for the Northern District of California, and all parties thereto Terms expressly agree to submit to the jurisdiction of such courts. You and Plex waive trial by jury. Also, you can only submit claims on your own account. Neither you nor Plex will participate in any class action or arbitration for any claim covered by these Terms of Service. You also agree not to participate in claims brought as general counsel or private representative or aggregate claims involving another person's account if Plex is a party to the proceeding.

Export control compliance. You represent and warrant that you are not located (a) in a country subject to a US government embargo or designated by the US government as a "terrorist sponsoring" country; and (b) are listed on any US government list. with prohibited or restricted parts. You hereby agree that (i) you will comply with all applicable sanctions and export control laws, (ii) you are solely responsible for ensuring that the Plex Solution is used, disclosed and/or transferred only in accordance with all applicable sanctions and export legislation. and (iii) you will not re-export or transfer the Plex Solution, in any way, directly or indirectly, to any person or entity located in Cuba, Iran, Syria, Sudan, South Sudan or North Korea.

Precautionary measures. You acknowledge that any breach, threatened or actual, of these Terms, including but not limited to the unauthorized use of assets owned by Plex, will cause irreparable harm to Plex and such harm will not be quantifiable as money loss and Plex will not had an adequate remedy. Accordingly, you agree that Plex shall have the right, in addition to other available remedies, to seek and obtain injunctive or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of its obligations under any provision of this TOS. Accordingly, you hereby waive any requirement that Plex post a bond or other security in the event Plex seeks or grants injunctive or equitable relief to enforce any provision of these Terms.

Duration and Termination. These Terms of Use will take effect (or re-enforce) upon (and each time) you begin installing, accessing, or using the Plex Solution, WHICHEVER COMES FIRST, and will remain in effect until terminated, as defined below. Plex reserves the right to terminate these Terms of Service at any time for reasonable cause, in particular including but not limited to discontinuation of the Plex Solution (or related services), such as Plex business offering, non-payment, account termination, fraud or illegality. activity or actions or omissions that violate these TOS, subject to the survival rights of certain provisions identified below. In addition, Plex shall have the right to take appropriate administrative and/or legal action in the event of infringement or (suspected) criminal activity, including notification of legal authorities, as it deems necessary in its sole discretion. You may also terminate these Terms of Service at any time by providing Plex with notice of termination, but all applicable provisions of these Terms will survive termination as defined below. You can close your account by clickinghere. Upon termination and in accordance with law, your right to access and use the Plex Solution (regardless of the subscription term) will cease and you must immediately destroy all copies of any aspect of the Plex Solution in your possession. Termination will result in deactivation or deletion of your Plex account. The following provisions will survive termination of these Terms for any reason: License (Content available through the Plex Solution, Restrictions). User Obligations (User Content License, Security Compliance, Feedback). Third Party Content, Websites and Platforms (Additional Terms and Conditions). Proprietary Rights and Confidentiality (All Sections). Representations, Disclaimer, Limitation of Liability and Indemnification (all sections). Agreement to Arbitrate and Class Action Waiver (All Sections). General Information (choice of law and forum, injunctive relief, term and termination, waiver and severability, complete agreement and updates). In addition, Plex shall not be liable for any damages that may arise or arise from the termination of these Terms.

Waiver and Severability. Failure to insist upon strict performance of any of the terms and conditions of these Terms shall not operate as a waiver of any subsequent breach or failure to perform. No waiver by Plex of any right under these Terms shall be deemed a waiver of any other right or provision or a waiver of the same right or provision at any other time. If any part of these Terms is found to be invalid or unenforceable under applicable law, including without limitation the disclaimers of warranty, venue, claim and limitations of liability set forth above, then the invalid or unenforceable provision will shall be deemed superseded by a valid and enforceable provision that more clearly matches the intent of the original provision and the remainder of these Terms of Service shall survive.

Full agreement and updates. No joint venture, partnership, employment or agency relationship exists between you and Plex as a result of these Terms of Use or your use of the Plex Solution, and you have no authority to bind Plex in any respect. These Terms of Service represent the entire agreement between you and Plex regarding your individual use of the Plex Solution. You may not assign, transfer or sublicense these Terms except with Plex's prior written consent. Plex may transfer, assign or transfer these Terms of Service and its rights and obligations without consent. Please note that Plex reserves the right to change the terms and conditions of these Terms and the terms and conditions under which the Plex Solution and its offerings are extended to you by posting a revised TOS online or notice by mail. In addition, Plex may add, modify or remove any aspect, program, functionality or feature of the Plex Solution. Your continued use of the Plex Solution after any additions, modifications or deletions will be conclusively deemed your acceptance of any changes to the terms and conditions of these Terms. Therefore, please periodically review these Terms of Service located at this location.

Notifications. Any communication or notice (and any related material or information) sent under these Terms of Service must be in English and will be deemed to be given: (a) to the email address you have designated, or (b) by posting to Plex Solution. For notices given by email, the date such notice is sent shall be deemed to be the date of receipt. You also agree that any notice, agreement, disclosure or other communication that Plex sends to you electronically (using the contact information you provide through the Plex Solution) will comply with any legal communication requirements.

Contact. If you have questions about the Plex Solution or are interested in learning more about Plex or its products, services or solutions, pleasecontact Plex.