PLATINO EDUCA Terms of Use

PLATINO EDUCA provides films, scenes and teaching materials on a streaming platform via subscription service (SERVICE).  PLATINO EDUCA SERVICE includes discovering and watching PLATINO EDUCA content, including all features and functionalities, scenes and teaching materials, the website, and user interfaces, as well as all content and software associated with our SERVICE.

 By using the SERVICE, you have accepted these Terms of Use, which govern your use of our SERVICE.

1.     User

1.1.      Users must be a teacher, student or administrators currently employed or enrolled in an educational institution with an active paid License (Licensee). Unauthorized use of the SERVICE is not permitted.  Authorized IP addresses, or ACCESS CODES may be terminated without notice if potential fraud is detected.

2.    PLATINO EDUCA SERVICE

2.1.      As a USER of PLATINO EDUCA, we grant you a limited, non-exclusive, non-transferable right to access the SERVICE.

2.2.      You agree to use the SERVICE, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the SERVICE. Except as explicitly authorized in these Terms of Use, you agree not to archive, download, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use content and information obtained through the SERVICE. You also agree not to circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the SERVICE; use any robot, spider, scraper or other automated means to access the SERVICE.  We may terminate or restrict your use of our SERVICE if you violate these Terms of Use or are engaged in illegal or fraudulent use of the SERVICE.

2.3.      The quality of the display of the PLATINO EDUCA content may vary from device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. You are responsible for all Internet access charges. PLATINO EDUCA makes no representations or warranties about the quality of your watching experience on your display.

2.4.      Access.  Licensee Users access the SERVICE via Access Codes or authorized static IP address provided by the Licensee. If you have any problem access the SERVICE, please contact the Licensee. 

 3.    Disclaimers of Warranties and Limitations on Liability

3.1.      THE SERVICE AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE SERVICE, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. PLATINO EDUCA DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. PLATINO EDUCA SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS.

 3.2.      TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL PLATINO EDUCA, OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER.

3.3.      SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

3.4.      NOTHING IN THESE TERMS OF USE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU.

4.    Arbitration Agreement

4.1.      You and PLATINO EDUCA agree that any dispute, claim or controversy arising out of or relating in any way to the SERVICE, these Terms of Use and this Arbitration Agreement, shall be determined by binding arbitration. You agree that, by agreeing to these Terms of Use, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and PLATINO EDUCA are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement and the termination of your PLATINO EDUCA membership.

4.2.      YOU AND PLATINO EDUCA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and PLATINO EDUCA agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.

5.    Miscellaneous

5.1.      Governing Law. These Terms of Use shall be governed by and construed in accordance with the laws of the state of South Carolina, U.S.A. without regard to conflict of laws provisions.

5.2.      Feedback. PLATINO EDUCA is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us ("Feedback"), including responses to questionnaires or through postings to the SERVICE, including the PLATINO EDUCA website and user interfaces, worldwide and in perpetuity without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the SERVICE. In addition, you agree not to enforce any "moral rights" in and to the Feedback, to the extent permitted by applicable law.

5.3.      Survival. If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.

5.4.      Changes to Terms of Use and Assignment. PLATINO EDUCA may, from time to time, change these Terms of Use. Such revisions shall be effective immediately; however, for existing members, revisions shall, be effective 30 days after posting. We may assign our agreement with you to any affiliated company or to any entity that succeeds to all or substantially all of our business or assets related to the applicable SERVICE.

Last Updated: 2 December 2022