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diff --git a/linhes/plex-media-server/terms.txt b/linhes/plex-media-server/terms.txt new file mode 100644 index 0000000..676d3f4 --- /dev/null +++ b/linhes/plex-media-server/terms.txt @@ -0,0 +1,514 @@ + Plex Terms of Service + + Revised July 10, 2015 + + Thank you for using Plex! By accessing, using, downloading, or visiting + any Plex “Service(s)”, which includes the Plex website, Plex software and + products described here, and any other products or materials provided by + Plex GmbH, a Swiss company, and its affiliates (together, “Plex”), you + agree to the terms (“Terms”) listed in this agreement (“Agreement”). Plex + reserves the right to amend these Terms at any time and without notice. + Any revisions to the Terms will be posted on the Plex website. By + continuing to access or use the Services, you accept any changes or + revisions to the Terms. + + Plex Software + + 1. Plex grants you a personal, non-commercial, worldwide, royalty-free, + revocable, non-transferable, non-sublicensable, and non-exclusive + license to use the software provided to you by Plex as part of the + Services (“Software”). This license is for the sole purpose of + enabling you to use and enjoy the benefit of the Services in the + manner permitted by these Terms. + 2. The Software includes certain executable modules that Plex has + licensed from third party providers (“Third Party Components”) that + may be subject to different end user license terms as specified in the + license agreement(s) provided with such Third Party Components. + 3. Except as provided in the next section, you may not, or allow anyone + else to, directly or indirectly to: (1) copy, modify, distribute, + sell, or lease any part of the Software; (2) reverse engineer, + disassemble, decompile, or otherwise attempt to discover the source + code or structure, sequence, and/or organization of all or any part of + the Software, unless laws prohibit those restrictions or you have our + written permission; (3) rent, lease, or use the Software for + timesharing or service bureau purposes; (4) develop any improvement, + modification, or derivative works of the Software, or include any + portion thereof in any other product, software, work, equipment, or + item (except that you may customize and/or modify the Software only as + set forth in the documentation or as authorized in any license + agreement of Plex’s third party licensors and applicable to Third + Party Components); or (5) allow the transfer, transmission, export, or + re-export of the Software or any portion thereof or any technical data + associated with any Software. + 4. Plex grants you a personal, non-commercial, worldwide, royalty-free, + revocable, non-transferable, non-sublicensable, and non-exclusive + license to reproduce the Plex Media Server Software (PMS Software) in + copies and distribute the copies to others, provided that: you may not + charge a fee for the PMS Software, and you may not individually charge + for installing it; you may copy, distribute and install the PMS + Software only as others actually need the PMS Software, and not more + than five (5) times per calendar day or more than twenty-five (25) + times per calendar month; you may not offer the PMS Software to the + public for downloading on or in connection with any commercial online + site, whether or not a fee is charged for the PMS Software; you shall + comply with all other terms and conditions set forth in this document; + you agree that Plex may revoke or terminate the license granted to you + under this paragraph at any time for any reason in its sole + discretion. As an example, this section is intended to permit + reasonable copying and distribution of the PMS Software in connection + with services such as home theater or home media center installation + in which you install the PMS Software on the computers of your + customers as a convenience in connection with other services or + products that you are providing to them, and/or in Arch Linux + repositories and similar distributions. + 5. You shall maintain and shall not remove nor obscure any proprietary + notices on the Software, and shall reproduce such notices exactly on + all permitted copies of the Software. + 6. You may reverse engineer the Software solely (1) as permitted by + applicable law, or (2) for the purpose of debugging modifications made + by you to certain third party files in source code format that are + licensed under the GNU Lesser General Public License (LGPL) or under + the GNU General Public License version 2 (GPL2) and only provided that + you have made, prior to any such reverse engineering permitted under + this sentence, unsuccessful prior reasonable good faith efforts to + debug such modifications using techniques other than the reverse + engineering of the Software. + 7. As between the parties and except as otherwise provided in any license + agreement for Third Party Components, Plex shall own all title, + ownership rights, and intellectual property rights in and to the + Software, and any copies or derivative works thereof, except that by + downloading the Software, you retain any title that you may own in and + to the recording media on which the Software is recorded. + 8. You understand that Plex or its licensors may modify or discontinue + offering the Services at any time. + 9. You shall not make, or assist others in making, any use of data + adapters or similar technologies used by or with the Services that are + designed to receive and use data from Plex, its third party data + providers, and their affiliates and third parties, other than to + receive and use such data in accordance with these Terms and your + agreement with the third party data providers, and their affiliates + and third parties, including without limitation any data passing + through the Services or otherwise effectively made available by any + Service through an API, a download, a database, or the like. + 10. This Agreement does not entitle you to any support, upgrades, patches, + enhancements, or fixes (collectively, “Support”) for the Services. Any + such Support for the Services that may be made available by Plex, in + its sole discretion, shall become part of the Services and will be + subject to these Terms. + + Data + + Data provided by Plex or other third party data providers may be delayed + or unavailable as specified by Plex or such third party data providers. + Plex does not verify any data provided by Plex or other third party data + providers and disclaims any obligation to do so. Plex, its third party + data providers, and each of their affiliates and business partners: (1) + expressly disclaim the availability, accuracy, adequacy, or completeness + of any data or third party data provider, and (2) shall not be liable for + any errors, omissions, or other defects in, unavailability of, delays or + interruptions in such data or third party data provider. + + Acceptable Use + + 1. You may not, or allow anyone else to, use any of the Services to do + the following: + 1. Infringe the intellectual property rights, proprietary rights, or + rights of publicity or privacy of any third party; + 2. Violate any law, statute, ordinance, or regulation, or perform + any other action that would incur civil liability or constitute a + crime; + 3. Disseminate, transfer or store information or materials in any + form or format that is harmful, threatening, abusive, harassing, + tortuous, defamatory, vulgar, obscene, libelous, or otherwise + objectionable, or that otherwise violate any law or right of any + third party; or + 4. Disseminate any software viruses or any other computer code, + files, programs, or the like that may without limitation + interrupt, destroy, or limit the functionality of any computer + software or hardware or telecommunications equipment, violate the + security of any computer network, or the like. + 2. If the occurrence of any prohibited use comes to our attention, we + reserve the right to disable any accounts associated with prohibited + use or otherwise terminate your access to the Services. + + Your Content + + 1. You continue to retain any ownership rights you have in content you + make available via the Services, or otherwise use in conjunction with + the Services. However, by using the Services with particular content, + for example by using the Services to share particular content or + access particular content, you grant to Plex (and to each of the third + parties with whom we work to provide you with the Services) a + worldwide license to reproduce, modify, create derivative works, + transmit, publish, publicly perform, publicly display, distribute, and + otherwise use the particular content and metadata associated with the + content, such as images of you or images otherwise associated with + your account. The rights you grant us in this license are only for the + limited purpose of providing you with our Services. You may not use + the Services in connection with any content for which you do not have + the right to grant us this license. + 2. The Services may include features that allow you to share your content + with others. Please be careful when choosing to share content with + other users; Plex is not responsible for how others use your content. + Additionally, you hereby grant to any user with whom you share content + a non-exclusive license to access the content through the Service, and + to use, reproduce in copies, distribute, display and perform the + shared content as permitted through the functionality of the Service + and under this Agreement. You may not share any content with others + via the Services if you do not have the right to grant this license to + any user with whom you share the content. + 3. You understand that Plex may delete any content that you post in or + contribute to a message forum or similar service that Plex hosts, in + its sole discretion, for any reason. + + Content of Others + + 1. You acknowledge that all content that you access through use of the + Software or other Services is accessed at your own risk, and you will + be solely responsible for any damage or liability to any party + resulting from such access. + 2. You understand that by using the Services you may encounter content + that you may find offensive, indecent, or objectionable. Plex does not + inspect, screen, or otherwise control the content that is posted, + shared or made available via the Services, and Plex does not guarantee + the accuracy, integrity or quality of such content. + 3. You acknowledge that unauthorized use of copyrighted content of others + may subject you to civil and criminal penalties, including possible + monetary damages, for copyright infringement. + + Developers and Interfacing Software + + 1. “Interfacing Software” means any software that you obtain or provide + and that accesses or calls any Software provided by Plex as part of + the Services including, but not limited to, plug-ins for the Services, + channel plug-ins, metadata agents, and client applications that + communicate directly or indirectly with the Services. + 2. By making, or assisting others in making, Interfacing Software, you + agree to the following terms: + 1. You grant Plex and its affiliates worldwide a worldwide, + non-exclusive, and royalty-free right and license to use + (including testing, hosting and linking to), copy, publicly + perform, publicly display, reproduce in copies for distribution, + and distribute the copies of any Interfacing Software made by you + or with your assistance. + 2. You will include in the source code of the Interfacing Software a + copyright notice of the form: Copyright © <year> <copyright + holders>. You grant, and authorize Plex to grant on your behalf + if necessary, a license, free of charge, to any person obtaining + a copy of the Interfacing Software and associated documentation + files from Plex, to deal in the Interfacing Software without + restriction, including without limitation the rights to use, + copy, modify, merge, publish, distribute, sublicense, and/or sell + copies of the Interfacing Software, and to permit persons to whom + the Interfacing Software is furnished to do so, subject to the + following conditions: The above copyright notice and this + permission notice shall be included in all copies or substantial + portions of the Interfacing Software. THE INTERFACING SOFTWARE IS + PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR + IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF + MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND + NON-INFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT + HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, + WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING + FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR + OTHER DEALINGS IN THE INTERFACING SOFTWARE. + 3. You may notify us if you do not wish for Plex to use, distribute, + copy, publicly perform, publicly display, reproduce in copies for + distribution, or distribute copies of any Interfacing Software + that was created by you. Plex will comply with such a request but + Plex must be granted a transition period of thirty (30) days + after receipt of the request to comply. + A request to take down Interfacing Software must include (1) an + identification of the Interfacing Software you wish to be + removed; (2) your signature in either electronic or physical + form; and (3) the following statements: + * “I swear under penalty of perjury that I am the owner of the + Interfacing Software or I am authorized to act on behalf of + the owner of the Interfacing Software.” + * “I swear under penalty of perjury that the information in + this notification is accurate.” + 4. You shall protect the privacy and legal rights of Plex users. If + the users provide, or the Interfacing Software accesses or uses, + user names, passwords, or other login information or personal + information, you must make the users aware that such information + will be available to the Interfacing Software, and you must + provide privacy notices and protection for those users in + compliance with applicable law. Further, the Interfacing Software + may use that information only for the limited purposes for which + the user has given you permission to do so. If the Interfacing + Software stores personally identifying information of users or + information that a reasonable user would consider to be + sensitive, then the Interfacing Software must do so securely and + only for as long as it is needed. However, if the user has opted + or entered into a separate agreement with you that allows you or + the Interfacing Software to store or use personally identifying + information of users or information that a reasonable user would + consider to be sensitive, then the terms of that separate + agreement will govern your use of such information. If the user + provides the Interfacing Software with Plex account information, + the Interfacing Software may only use that information to access + the user’s Plex account when, and for the limited purposes for + which, the user has given you permission to do so. + 5. Prohibited Uses. Plex prohibits performing certain actions using + the Interfacing Software. You shall not make, or assist others in + making, any Interfacing Software that: + 1. Knowingly violates a third party’s terms of service; + 2. Violates any applicable laws or regulations; + 3. Interferes with, disrupts, damages, harms, or accesses in an + unauthorized manner the machines, hardware. devices, + servers, networks, data, or other properties or services of + any other party including, but not limited to, Plex users, + Plex or any network operator; + 4. Posts misleading information about an application’s purpose; + 5. Infringes on the intellectual property rights of others; or + 6. Performs any other prohibited action listed under + “Acceptable Use” above. + 6. You will require your end users to comply with any applicable law + and these Terms. You will not knowingly enable your end users to + violate applicable law or these Terms. + 7. You shall indemnify and hold harmless Plex and its officers, + directors, employees, contractors, licensors, suppliers, + distributors, contractors, agents, and third party contributors + from any claims, damages, liabilities, costs and fees (including + reasonable attorney fees) arising from any use of the Interfacing + Software or from Plex’s distribution of the Interfacing Software. + 8. Brand Features and Attribution + 1. “Brand Features” is defined as the trade names, trademarks, + service marks, logos, domain names, and other distinctive + brand features of a party. Except where expressly stated, + these terms do not grant either party any right, title, or + interest in or to the other party’s Brand Features. Any use + by you of Plex’s Brand Features (including any goodwill + associated therewith) will inure to the benefit of Plex. + Plex Brand Features include the Plex Play Logo (“>” in + stylized format) and the trademarks, trade names and designs + as may be identified from time to time in the Plex Trademark + Notice that is posted at + https://www.plex.tv/about/privacy-legal/. + 2. You must seek prior written approval from Plex to display + Plex’s Brand Features, including for the purpose of + promoting or advertising that your Interfacing Software is + for use in conjunction with Plex Services. Plex, in its sole + discretion and in a separate writing such as an e-mail from + an authorized representative of Plex, may grant you a + revocable, non-transferable, nonexclusive license, without + right of sub-license, to display Plex’s Brand Features for + the purpose of promoting or advertising that your + Interfacing Software is for use in conjunction with Plex + Services. You understand and agree that Plex has the sole + discretion to determine whether your attribution(s) and use + of Plex’s Brand Features are in accordance with the above + requirements and guidelines and that Plex may revoke the + license granted herein at any time, or may require you to + modify your use of Plex’s Brand Features, for any reason in + its sole discretion. + 3. You will not make any statement that suggests a partnership + with, sponsorship by, or endorsement by Plex, without Plex’s + express prior written approval. + 4. In the course of promoting, marketing, or demonstrating the + Services, Plex may produce and distribute incidental + depictions, including screenshots, video, or other content + from your Interfacing Software, and may use your company or + product name. You grant us all necessary rights for the + above purposes. + + Children + + While Plex does distribute products that may be used by children, the + Services are not intended to be used by children, without involvement, + supervision, and approval of a parent or legal guardian. Therefore, if an + account owner sets parental controls or establishes sub-accounts that the + account owner intends to permit a child to use, the account owner should + not reveal the account password to the child. Plex and its contributors + may not provide controls that restrict the maturity level of content + available via Plex and an adult account owner has sole responsibility for + determining what maturity level is appropriate for or accessible to any + children whom the account owner permits to use the Plex service or a + sub-account. + + NO WARRANTY + + 1. PLEX SERVICES ARE PROVIDED “AS IS”. PLEX MAKES NO WARRANTY OF ANY + KIND, EXPRESS OR IMPLIED, AND PLEX EXPRESSLY DISCLAIMS ALL WARRANTIES + WITH RESPECT TO THE PLEX SERVICES, INCLUDING WITHOUT LIMITATION, ANY + IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR + PURPOSE AND NONINFRINGEMENT. FURTHER, PLEX DOES NOT WARRANT AGAINST + ERRORS, OMISSIONS, RESULTS OF USE, OR THAT PLEX SERVICES ARE BUG FREE + OR ERROR FREE OR THAT USE WILL BE UNINTERRUPTED. THIS DISCLAIMER OF + WARRANTY CONSTITUTES AN ESSENTIAL PART OF THE AGREEMENT. ALL THE + FOREGOING DISCLAIMERS ALSO APPLY IN FULL WITH RESPECT TO PLEX’S + LICENSORS, SUPPLIERS, DISTRIBUTORS, CONTRACTORS, AGENTS, AND THIRD + PARTY CONTRIBUTORS. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED + WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. + 2. You agree that Plex and its officers, directors, employees, and + contractors are not responsible for any fault, inaccuracy, error, + omission, delay or any other failure of your equipment and/or services + caused by Plex’s hardware, software, cabling, network services, or the + like, or arising from Plex’s use of such equipment and/or services. + 3. The above disclaimer of warranty applies to software developed by Plex + and any software developed by a third party and provided by Plex + including, but not limited to, Interfacing Software developed by any + Plex user. + + Limitation of Liability and Damages + + 1. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, INCLUDING, BUT NOT + LIMITED TO, TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR + OTHERWISE, SHALL PLEX BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY: + (I) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF + ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, + LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE + OR MALFUNCTION, LOSS OF DATA, OR OTHER DAMAGES RESULTING FROM YOUR USE + OF THE SOFTWARE; OR (II) FOR ANY MATTER BEYOND ITS REASONABLE CONTROL. + PLEX’S AGGREGATE LIABILITY FOR DAMAGES OF ANY KIND WHATSOEVER ARISING + OUT OF THIS AGREEMENT SHALL BE LIMITED TO THE LESSER OF THE TOTAL FEES + PAID BY YOU TO PLEX (IF ANY) FOR THE PORTION OF THE SOFTWARE THAT GAVE + RISE TO SUCH DAMAGES OR $100 (U.S.), EXCEPT WHERE NOT PERMITTED BY + APPLICABLE LAW, IN WHICH CASE PLEX’S LIABILITY SHALL BE LIMITED TO THE + MINIMUM AMOUNT PERMITTED BY SUCH APPLICABLE LAW. ALL THE FOREGOING + LIMITATIONS SHALL APPLY EVEN IF EITHER PARTY HAS BEEN INFORMED OF THE + POSSIBILITY OF SUCH DAMAGES. ALL THE FOREGOING LIMITATIONS ALSO APPLY + WITH RESPECT TO PLEX’S SUPPLIERS, LICENSORS, DISTRIBUTORS, + CONTRACTORS, AGENTS, AND THIRD PARTY CONTRIBUTORS. SOME STATES DO NOT + ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL + DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU. + 2. The above limitations and exclusions apply to software developed by + Plex and any software developed by a third party and provided by Plex + including, but not limited to, Interfacing Software developed by Plex + user. + + Third-Party Materials + + This website and other Services may provide links to websites, software, + or other materials provided by third parties. Plex does not endorse and is + not responsible or liable for the availability, accuracy, safety, or + intellectual property rights of or relating to such content. Plex is not + liable for any harm caused by any such materials. + + Malware + + “Malware” means any known, discovered, envisioned, or invented, or any yet + to be known, discovered, envisioned, or invented: (i) virus, Trojan horse, + or any other harmful, harassing, or malicious software; or (ii) method, + use, or means by which any software, firmware, equipment, device, + communications medium, person, entity, or the like directly or indirectly + engages in or is used for: (a) any unauthorized access; (b) any + unauthorized communication; or (c) any cracks, hacks, exploits, or other + activity, method, use, or means, that may cause harassment, harm, data + loss, data theft, loss of communication, loss of privacy, or the like. You + acknowledge that the Internet, Internet service providers, shared or + dedicated telecommunication lines, wireless access points and wireless + networks, other forms of communication, online resources including + websites and cloud computing environments, or other means that you use to + connect to the Software may not be secure and may be vulnerable to attack + by third parties, and that it is possible to receive Malware by using the + Internet, dedicated lines, other forms of communication, or other means. + In order to protect the Software, you shall regularly obtain, use, and + update appropriate third party software or other means to protect yourself + from Malware and to detect and remove Malware that may be downloaded using + the Internet, dedicated lines, other forms of communication, or other + means. Plex does not warrant that the Software will be free of Malware + including, but not limited to, Malware that is introduced by third + parties, the Internet, dedicated lines, other forms of communication, or + other means. + + Waiver and Indemnity + + You agree that Plex and its licensors, distributors, contractors, agents, + and third party contributors shall have no liability whatsoever for any + use you make of the Services. You shall indemnify and hold harmless Plex + and its licensors, suppliers, distributors, contractors, agents, and third + party contributors from any claims, damages, liabilities, costs and fees + (including reasonable attorney fees) arising from your use of the Plex + Services as well as from your failure to comply with any of the Terms, or + any losses, damages, claims, costs, and/or attorneys’ fees arising from + any use of or reliance upon any information received in connection with + the Services that comprises or is based upon data provided by Plex or any + third party. + + Termination of Services + + Plex may at any time, with or without cause and with or without prior + notice, immediately terminate or suspend your Plex account or otherwise + terminate or suspend your access to all or a portion of the Services. + Cause for such termination may include: (a) violations of the Terms or any + other policies or guidelines that are referenced herein; (b) a request by + you to cancel or terminate your account; (c) a request and/or order from + law enforcement, a judicial body, or other government agency; (d) where + providing the Services to you is or may become unlawful; (e) unexpected + technical or security issues or problems; or (f) your participation in + fraudulent or illegal activities. Any such termination or suspension shall + be made by Plex in its sole discretion and Plex will not be responsible to + you or any third party for any damages that may result or arise out of + such termination or suspension of your access to the Services. + + Miscellaneous + + 1. This Agreement does not give you any rights not expressly and + unambiguously granted herein. + 2. No agency, partnership, joint venture, or employment is created as a + result of this Agreement and you do not have any authority of any kind + to bind Plex in any respect whatsoever. + 3. If any provision of this Agreement is found to be unenforceable or + invalid, that provision shall be limited or eliminated to the minimum + extent necessary so that this Agreement shall otherwise remain in full + force and effect and enforceable. + 4. This Agreement is not assignable, transferable, or sublicensable by + you except with Plex’s prior written consent. Plex may transfer, + assign, or delegate this Agreement and its rights and obligations + without consent. + 5. Plex’s failure to enforce any right or provisions in this Agreement + will not constitute a waiver of such or any other provision. + 6. This Agreement shall be governed by and construed in accordance with + the laws of the state of California, as if made within California + between two residents thereof, and the parties submit to the exclusive + jurisdiction of the Superior Court of Santa Clara County and the + United States District Court for the Northern District of California. + Notwithstanding the foregoing sentence, but without limiting Plex’s + right to seek injunctive or other equitable relief in any court of + competent jurisdiction, any disputes arising with respect to this + Agreement shall be referred to an arbitrator affiliated with the + Judicial Arbitration and Mediation Services, Inc. (“JAMS”). The + arbitrator shall be selected by joint agreement of the parties. In the + event the parties cannot agree on an arbitrator within thirty (30) + days of the initiating party providing the other party with written + notice that it plans to seek arbitration, the parties shall each + select an arbitrator affiliated with JAMS, which arbitrators shall + jointly select a third such arbitrator to resolve the dispute. The + written decision of the arbitrator shall be final and binding on the + parties. The arbitration proceeding shall be carried on and heard in + Santa Clara County, California using the English language and pursuant + to the rules of (and administered by) JAMS. In any action or + proceeding to enforce rights under this Agreement, the prevailing + party will be entitled to recover costs and reasonable attorneys’ fees + from the other party. A separate written license agreement or order + and signed by Plex and you or your company, employer, or principal may + state other terms and conditions that apply to you, including terms + relating to price, payment, delivery, confidential information, + support services, and the like. You are solely responsible to review + such terms or conditions with your company, employer or principal. In + the event of any conflict in terms, the terms of the separate license + agreement shall supersede the terms of this Agreement. + 7. Both parties agree that this Agreement is the complete and exclusive + statement of the mutual understanding of the parties and supersedes + and cancels all previous written and oral agreements, communications, + and other understandings relating to the subject matter of this + Agreement. + * Privacy + * Terms + * Copyright + * Trademark + * Subscriptions + * Blog + * Support + * About + * Cord Cutting + * Plex Pro + * Plex Gear + * Contact + Connect With Us + * * * * * * Language + Copyright © 2017 Plex + * Privacy & Legal + * Sitemap + * Status |