This Website (the “Website”) is owned and operated by Cheer Channel Inc. or one of its subsidiary companies within the United States (collectively, “CCI”). These terms of service (the “TOS”) apply to your use of the Website and govern your rights and responsibilities in connection with such use. The term “Website” includes the content on the Website and all of CCI’s services provided on or through the Website (the “Website Services”).
These TOS are a binding legal agreement between you and CCI: PLEASE READ THEM CAREFULLY BEFORE YOU USE THE WEBSITE. Do not use the Website if you do not agree with any of the terms contained herein.
Given the nature of the Internet, even though the Website is targeted to United States (“US”) residents only, it may be accessed in other parts of the world. If you are not a US resident and yet use the Website, you acknowledge, understand, and agree that you are doing so on your own initiative and at your own risk and that it is your responsibility (and not the responsibility of CCI) to make sure that your use of the Website complies with all applicable local laws.
IF YOU ARE NOT A US RESIDENT, BY SUBMITTING YOUR PERSONALLY IDENTIFIABLE INFORMATION ON THE SITE, YOU CONSENT TO THE TRANSFER OF SUCH DATA TO THE US, AND TO THE PROCESSING OF SUCH DATA ON CCI’S US SERVERS, WHERE YOUR DATA WILL BE GOVERNED BY US LAWS THAT MAY PROVIDE A LEVEL OF DATA PROTECTION DIFFERENT THAN YOUR COUNTRY.
Your use of certain Website Services, features, functionality or programs (including, without limitation, membership(s), contests, sweepstakes, promotions, wireless marketing opportunities, RSS feeds, etc.) offered on or through the Website may be subject to additional terms and conditions (“Special Terms”), and before you use any such services, features, functionality, or other programs you may be required to indicate your acceptance of such additional Special Terms. All Special Terms are incorporated into these TOS as if fully set forth herein.
OWNERSHIP; RESTRICTIONS ON USE
The content of the Website and all copyrights, patents, trademarks, service marks, trade names and all other intellectual property rights therein are owned by CCI and/or its licensors and are protected by applicable US and international copyright and other intellectual property laws.
You acknowledge, understand and agree that you shall not have, nor be entitled to claim, any rights in and to the Website content and/or any portion thereof, except:
(i) with respect to your own User Submissions (excluding any of the materials used in your User Submissions that may be licensed to you by CCI for use in your User Submissions (such content referred to as the “CCI Licensed Assets”); and/or
(ii) to the extent of your limited rights to use the Website for certain personal (non-commercial) purposes, as set forth below in the section titled LICENSES GRANTED TO YOU, subject to the conditions set forth in the YOUR RESPONSIBILITIES section below and the other terms and conditions of these TOS. Except in connection with your own User Submissions (and then only to the extent you control them), unless expressly authorized by CCI pursuant to these TOS, or unless you have otherwise obtained CCI’s written permission, you agree not to copy, reproduce, duplicate, stream, capture, access through technology or means other than those provided on the Website, perform, transfer, sell, resell, download, upload, archive, license to others, edit, modify, manipulate, create derivative works from or based upon (including, without limitation, mash-ups, montages, wallpapers, ringtones, greeting cards, T-shirts or other merchandise), publish, republish, post, transmit, publicly display, frame, link from or to, distribute, share, embed, translate, decompile, reverse engineer, translate, incorporate into any hardware or software application, use for commercial purposes, or otherwise use or exploit the Website or any component part thereof. Any of the unauthorized uses referred to above would constitute an infringement of the copyrights and other proprietary rights of CCI and/or its licensors and a violation of these TOS and may subject you to civil and/or criminal liability under applicable laws.
LICENSES GRANTED TO YOU
Subject to these TOS, CCI hereby grants you, if and only to the extent the necessary functionality is provided to you on or through the Website, the following limited, revocable, non-exclusive, non-transferable, non-assignable, worldwide, royalty-free rights and licenses (each a “License”):
the License to access, view, and otherwise use the Website (including, without limitation any services provided on or through the Website) for your personal, lawful use only, as intended through the normal functionality of the Website;
the License to stream Website content using any of the widgets and/or other digital streaming Internet video players, if any, provided on the Website (any such widget or other digital streaming Internet video player referred to as a “Website Widget”);
the License, if available, to cut and paste certain code expressly made available to you through the Website (whether such functionality is designated as “sharing” functionality or not) in order to embed, re-publish, maintain, and/or display the specific Website content to which such code relates on your own personal, customized social networking Web page(s), Web blog(s), or microblog(s) (collectively, your “Personal Social Media”), and/or, if the Website provides “widget grabbing and embedding” functionality, to “grab” a Website Widget and embed, re-publish, maintain, and/or display such Website Widget on your Personal Social Media;
The License, if available, to cut and paste certain code expressly made available to you through the Website, and/or if the Website provides “widget grabbing and embedding” functionality, to “grab” a Website Widget, to forward, as applicable, such code and/or Website Widget to your friends, so that they can view the Website content contained therein, and/or if, they so desire, so that they themselves may embed the forwarded piece of code or Website Widget on their own Personal Social Media or re-forward it to their own friends;
if the Website includes a “Send to Friend” tool that allows you to initiate and send to one of your friends an email communication that includes Website content, and the tool is operational, the License to use the tool to request that the Website’s servers convey your message to your friend;
if the Website includes a “Download” link next to any Website content (including, without limitation, an image or an RSS feed), the License to download a single copy of such content to a single computer or other permitted device for your personal, non-commercial use only;
if the Website enables you to download Software, the License to install and use one copy of the Software on your personal computer system in machine-executable object code form only and make one additional copy for back-up purposes; provided, however,
that you understand and agree that
(i) by allowing you to download the Software, CCI does not transfer title to the Software to you;
(ii) you may not copy, modify, adapt, translate into any language, distribute, or create derivative works based on the Software without the prior written consent of CCI;
(iii) you may not assign, rent, lease, or lend the Software to any person or entity and any attempt by you to sublicense, transfer, or assign the Software will be void and of no effect;
(iv) you may not decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the Software by any means whatsoever, except to the extent the foregoing restriction is prohibited by applicable law;
(v) because the laws and regulations of the US restrict the export and re-export of commodities and technical data of US origin, including the Software, you will not export or re-export the Software in any form in violation of the laws of the US or any foreign jurisdiction, and in addition, you represent and warrant that you are not a national or resident of any country to which the US has embargoed goods, or on the US Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Denial and Prohibition Orders;
the License to obtain a registered personal account (and related username and password) on the Website and interact with other Website users as part of Website-based chat rooms, message boards, social media networks, online multiplayer games and/or other similar activities;
the License to use any other functionality expressly provided by CCI on or through the Website for use by users, subject to these TOS (including, without limitation, functionality to create and/or Submit User Submissions).
Your rights under any one or more of the Licenses set forth above are conditioned upon your compliance, with each of the following:
you will not create or Submit (as defined below) a User Submission that is unlawful, pornographic, obscene, defamatory, libelous, threatening, discriminatory, harassing, bullying, vulgar, indecent, profane, hateful, racially, culturally or ethnically offensive, or that encourages criminal conduct, or that gives rise, or potentially gives rise, to civil or criminal liability, or that violates any applicable laws, rules, regulations or Federal Trade Commission guidelines (“Applicable Laws”), or that infringes or violates other parties’ intellectual property rights or links to infringing or unauthorized content;
you will not embed, re-publish, maintain and/or display any Website content on any Personal Social Media or other web site or other Internet location that
(i) ordinarily contains or hosts content that is unlawful, pornographic, obscene, defamatory, libelous, threatening, discriminatory, harassing, bullying, vulgar, indecent, profane, hateful, racially, culturally or ethnically offensive, or
(ii) encourages criminal conduct, or
(iii) gives rise, or potentially gives rise, to civil or criminal liability, or
(iv) violates any Applicable Laws, or
(v) infringes or violates other parties’ intellectual property rights or links to infringing or unauthorized content;
you will not send spam, chain letters, or any other unsolicited or unauthorized advertising or promotional materials, or to harass, bully, stalk, harm, or otherwise cause mental or physical distress or injury to anyone, or to defame or disparage someone, or for any other unlawful or objectionable (as determined solely by CCI) purpose;
you will not provide false information about you or anyone else (including, without limitation, when you are being asked on the Website to provide accurate information about your age), and you will not impersonate or appear to impersonate anyone else or otherwise misrepresent your affiliation with any person or entity;
you will not use any one or more of the Licenses (and any associated functionality) to collect, obtain, compile, gather, transmit, reproduce, delete, revise, view, display, forward, any material or information, whether personally identifiable or not, posted by or concerning any other user of the Website, unless you have obtained prior permission from such user to do so;
you will not interfere with or disrupt, or attempt to interfere with or disrupt, the operation of the Website (or any parts thereof);
you will abide by all copyright notices, information, restrictions contained in or associated with any of the Website content;
you will not remove, alter, interfere with or circumvent any of copyright, trademark, watermark, or other proprietary notices marked/displayed on Website content;
you will not remove, alter, interfere with or circumvent any digital rights management mechanism, device or other content protection or access control measure (including, without limitation geofiltering and/or encryption) associated with Website content;
you will not use any of the rights granted to you or any of the Website content in a manner that suggests an association with any of CCI’s products, services or brands, unless otherwise specifically and explicitly permitted by CCI;
you will not use bots, spiders, offline readers, or other automated systems to access or use the Website in a manner that sends more request messages to the Website’s servers in a given period of time than a human can reasonably produce in the same period by using a conventional Web browser, unless you are a lawfully operating a public search engine, in which case (subject to CCI’s full discretion to revoke this exception at any time) and only in such case, you may use spiders to index materials from the Website for the sole purpose of creating publicly available searchable indices (but not caches or archives) of such materials;
you will not knowingly transmit any material that contains adware, malware, spyware, software viruses, timebombs, cancelbots, worms, trojan horses, spyware, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
you will not do anything that is likely to adversely affect or reflect negatively upon or harm the goodwill or reputation of CCI or any of its affiliates, or the Website, or any of the content running or being promoted on the Website;
you will not do anything on the Website that would prevent other users’ access to or use of the Website or any part thereof; and
you will use the Website and the Licenses at all times in compliance with these TOS and all Applicable Laws.
USER SUBMISSIONS; GRANT OF LICENSE TO CCI; YOUR WARRANTIES AND REPRESENTATIONS
The Website may enable you to send, post, upload, transmit through webcam or similar functionality or otherwise submit to the Website, or otherwise display or exchange (including, without limitation, with other Website users) on or via the Website (collectively, “Submit”), your videos, textual comments, photographs, images, or other creative works and/or other personal media content and your ideas, opinions, feedback, and other information, (collectively, your “User Submissions”), and such User Submissions will generally be available to all users of the Website. By Submitting your User Submissions on or via the Website you expressly acknowledge and agree that you and only you will be responsible for the content of your User Submissions and for any consequences that may arise therefrom. Except as may otherwise be provided in any Special Terms, it is not CCI’s regular, established practice to monitor, control, or have knowledge of the User Submissions Submitted using the Website, but CCI may do so in its sole discretion. When you Submit (or attempt to Submit) your User Submissions on or through the Website, you automatically grant to CCI and its affiliates, an irrevocable, perpetual, worldwide, unconditional, unrestricted, fully-paid, royalty-free, transferable, fully sublicenseable to multiple tiers of sublicensees, non-exclusive right and license (the “CCI License”) to display, publicly perform, distribute, store, transcode, host, cache, maintain, broadcast, webcast, podcast, transmit, distribute, tag, track, reproduce, edit, modify, format, re-format, link to and from, translate, delete, create derivative works, combine with other content, categorize, and/or otherwise use, reuse and/or otherwise exploit your User Submissions (or any portions or derivative works thereof) and any names, likenesses, voices, images, digital recordings, performances, and other ideas, concepts, feedback and other materials included in your User Submissions, in any manner, medium or content delivery technology now known or hereinafter devised, for any purpose, as determined solely in CCI’s, or its authorized designees/licensees’, sole discretion, without the requirement for any compensation to you or anyone else, or the need to require additional consent from you or anyone else, or the need to provide prior notification or any credit to you or anyone else.
The CCI License shall survive in perpetuity in accordance with its terms regardless of whether you stop using the Website or CCI terminates your access to the Website.
NOTHING CONTAINED HEREIN SHALL BE DEEMED TO TRANSFER TO CCI OR TO ANY OF ITS AFFILIATES ANY OWNERSHIP RIGHTS IN AND TO YOUR USER SUBMISSIONS, PROVIDED, HOWEVER, THAT CCI AND/OR ITS AFFILIATES AND/OR ITS LICENSORS WILL RETAIN SOLE AND EXCLUSIVE OWNERSHIP OF ANY OF THE CCI LICENSED ASSETS (IF ANY) INCLUDED IN YOUR USER SUBMISSIONS. EVEN THOUGH BY SUBMITTING YOUR USER SUBMISSIONS YOU ARE GRANTING TO CCI THE BROAD RIGHTS AND LICENSES SET FORTH ABOVE, YOU ACKNOWLEDGE AND UNDERSTAND THAT NOTHING CONTAINED HEREIN SHALL OBLIGATE CCI AND/OR ANY OF ITS AFFILIATES TO HOST, DISTRIBUTE, DISPLAY, OR OTHERWISE EXPLOIT ANY OF YOUR USER SUBMISSIONS OR EXERCISE ANY OTHER RIGHTS UNDER THE CCI LICENSE.
You acknowledge and agree that:
(i) you have no expectation of confidentiality of any nature with respect to any of your User Submissions, and
(ii) CCI and/or any of its affiliates may already have projects under consideration that are similar to your User Submissions or may independently develop projects that are similar to your User Submissions, or other User Submissions transmitted by other users of the Website may be similar or the same as your User Submissions.
Because of the viral nature of social media, you should not submit any content or information to CCI that you do not want to be viewed by others. In connection with all of the User Submissions you Submit to the Website, and any other activities that you conduct on the Website,
you represent, warrant, and covenant that:
(i) the User Submissions are original to you (that is, you own all rights in and to your User Submissions) or, alternatively, that you have acquired all necessary rights in your User Submissions to enable you to grant to CCI the CCI License;
(ii) you have paid or satisfied and will pay or satisfy in full all license fees, clearance fees, royalties, and any other financial or third party obligations of any kind, if any, arising from any use or exploitation of your User Submissions, and CCI will not be responsible for such obligations;
(iii) your User Submissions do not infringe the intellectual property rights, privacy rights, publicity rights, or any other legal or moral rights of any third party;
(iv) neither your User Submissions, nor any of the other activities that you undertake on the Website, are or will at any time be: defamatory or disparaging of any individual or entity, unlawful, pornographic, obscene, threatening, vulgar, indecent, profane, hateful, sexually explicit or sexually suggestive, intended to bully or harass or stalk, or resulting in bullying, harassing, or stalking, racially or ethnically or culturally offensive, or otherwise objectionable or encouraging of criminal conduct, or giving rise, or potentially giving rise, to civil or criminal liability, or linking to infringing or unauthorized content, or transmitting unsolicited advertising materials, or intended to result in, or resulting in, any mental or physical distress or injury to any person, violative of any Applicable laws or these TOS; and your User Submissions are not intended by you to benefit any commercial enterprise associated with you or any third party. You agree to keep all records necessary to establish that your User Submissions do not violate any of the foregoing representations and warranties and to make such records available to CCI upon CCI’s request.
CCI is not responsible for any loss, theft or damage of any kind to any User Submissions.
You acknowledge that CCI does not as a matter of its ordinary practice pre-screen any User Submissions submitted by you or other users of the Website but that CCI (and/or any of its authorized designees) has the right to and may pre-screen or review after initial submission any of the User Submissions for a variety of reasons, including, without limitation, for compliance with these TOS or Applicable laws, or if otherwise desired or necessary, as determined by CCI in its sole discretion. CCI shall have the right in its sole discretion to refuse, remove, edit, or disable any of your User Submissions (and/or any other Website users’ User Submissions) that violate these TOS or are otherwise objectionable, as determined by CCI in its sole discretion, as well as terminate your and/or any Website user’s continued access to and/or other use of the Website (including, without limitation, access to and/or use of any of the Services, features or functionality available on or through the Website). CCI does not control or endorse any User Submissions, and any User Submissions submitted to the Website do not reflect the opinions, views, or policies of CCI or any of its affiliates. CCI disclaims any and all liability in connection with any and all User Submissions, and you agree to waive any legal or equitable rights or remedies you may have against CCI or any of its affiliates with respect to such User Submissions.
If you remove or delete any of your User Submissions from the Website, that User Submission will be removed from the Website within a reasonable period of time. Nonetheless, a User Submission that you remove may still be available to third parties who previously acquired the link to that User Submission and CCI may maintain copies for archival purposes.
CCI reserves the right to display advertisements in connection with your User Submissions and to use your User Submissions to advertise and promote your User Submissions or the Website (in whole or in part). You acknowledge and agree that you have no right or interest in any of the revenue generated from such advertisements.
These provisions shall remain in full force and effect in perpetuity notwithstanding any termination of your use of the Website.
THIRD PARTY LINKS
CCI sites may link to and/or contain advertisements about or from, non-CCI owned or controlled Web sites or other Internet resources. You acknowledge and understand that CCI does not endorse or sponsor such other third party
Web sites or other Internet resources and CCI EXPRESSLY AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY AND LIABILITY FOR ANY CONTENT, SOFTWARE, FUNCTIONALITY, SERVICES, OR ADVERTISED PRODUCTS OR SERVICES FOUND ON OR RELATED TO ANY SUCH THIRD PARTY WEB SITE OR OTHER INTERNET RESOURCES.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE (AND ANY PORTION OF THE WEBSITE) IS PROVIDED “AS IS” “WITH ALL FAULTS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, CCI AND ITS AFFILIATES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE AND NON-INFRINGEMENT).
Neither CCI nor any of its affiliates make any warranties or representations about the accuracy or completeness of content available on or through the Website or the content of any Web sites, Personal Social Media, or other Internet resources linked to the Website and assume no liability or responsibility for any: (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the Website (or any parts thereof); (iii) any unauthorized access to or use of CCI’s secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the Website; (v) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Website (or any parts thereof) by any third party; and/or (vi) for any loss or damage of any kind incurred as a result of the use of any User Submissions and/or other Website content posted, shared, forwarded, emailed, transmitted, or otherwise made available on or through the Website and/or otherwise through your or any other Website users’ exercise of any rights under any of the Licenses granted by CCI herein. CCI reserves the right, in its sole and exclusive discretion, to change, modify, add, remove, or disable access to any portion of the Website (including, without limitation any of the Website Services).
LIMITATION OF LIABILITY
YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, IN NO EVENT WILL CCI OR ANY OF ITS AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, AGENTS, OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR USE (OR THE USE OF ANYONE USING AN ACCOUNT REGISTERED TO YOU) OF THE WEBSITE OR ANY PARTS THEREOF.
EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent CCI may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of CCI’s liability shall be the minimum permitted under such applicable law.
You agree to indemnify and hold harmless CCI and its affiliates and its and their respective officers, directors, employees, representatives, licensees, authorized designees, successors and assigns from any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable outside attorneys’ fees and costs) that such parties may incur as a result of or arising from
(i) any of your User Submissions,
(ii) your exercise of any of your rights granted under the Licenses without your compliance with your responsibilities set forth in these TOS,
(iii) the breach of any of your warranties, representations, covenants, responsibilities, or other obligations set forth in these TOS,
(iv) your violation of any person’s intellectual property, privacy, publicity, or other right,
(v) the violation of any Applicable Laws and/or these TOS by you and/or anyone using your registered account to access and/or otherwise use the Website (in whole or in part), or
(vi) your willful misconduct or the willful misconduct of anyone accessing the Website through your registered account, in connection with your (and/or such other person’s) use of the Website (in whole or in part). CCI reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with CCI in asserting any available defenses. This provision shall remain in full force and effect notwithstanding any termination of your use of the Website.
COPYRIGHT INFRINGEMENT NOTIFICATION; DESIGNATED COPYRIGHT AGENT
CCI respects the intellectual property rights of others. Upon proper notice, CCI will remove User Submissions (and any other Website content) that violate copyright law. Pursuant to Title 17 of the U.S. Code, Section 512, CCI has implemented procedures for receiving written notification of claimed copyright infringement on the Website and for processing such claims in accordance with such law.
If you believe a work has been copied in a way that constitutes copyright infringement, please send CCI’s copyright agent, at the address set forth below, a notification of claimed infringement (an “Infringement Notification”) that contains all the following information:
(i) identification of the copyrighted work claimed to have been infringed;
(ii) identification of the claimed infringing material and information reasonably sufficient to permit CCI to locate the material on the Website;
(iii) information reasonably sufficient to permit CCI to contact you, such as an address, telephone number, and, if available, an e-mail address;
(iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
(v) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (vi) your physical or electronic signature.
CCI Designated Copyright Agent
1501 West 5th Street, Suite E
Austin, TX 78703
By submitting an Infringement Notification, you acknowledge and agree that CCI may forward your Infringement Notification and any related communications to any users who posted the material identified in such notice.
If you believe that your User Submission has been wrongfully removed from the Website, you may send CCI a counter notification. Pursuant to federal law you may be held liable for damages if you make material misrepresentations in a counter notification. In compliance with Title 17 of the U.S. Code, Section 512, your counter notification, to be effective,
must be in writing, sent to CCI’s Designated Copyright Agent, and include substantially the following information:
(i) your physical or electronic signature;
(ii) identification of the material that has been removed or to which access has been disabled and the location where the material previously appeared on the Website;
(iii) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
(iv) your name, address, and telephone number and a statement that you consent to the jurisdiction of the Federal District Court in the district in which your address is located (or in the Western District of Texas, for addresses outside the US) and agree to accept service of process from the person who submitted the original Infringement Notification that resulted in your User Submission being removed (or an agent of such person) in the event he or she elects to file suit. By submitting a counter notification, you acknowledge and agree that CCI may forward your counter notification and any related communications to the person who submitted the original Infringement Notification that resulted in the removal of your User Submission or to other third parties.
THESE TOS SHALL BE CONSTRUED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS WITHOUT REGARD TO ANY CHOICE OF LAW OR CONFLICT OF LAWS PRINCIPLES, REGARDLESS OF WHERE YOU LIVE. ALL ACTIONS OR PROCEEDINGS ARISING IN CONNECTION WITH, TOUCHING UPON, OR RELATING TO THESE TOS OR THE WEBSITE, THE BREACH OF THESE TOS, AND/OR THE SCOPE OF THE PROVISIONS OF THIS ARBITRATION CLAUSE, SHALL BE SUBMITTED TO AND RESOLVED EXCLUSIVELY BY BINDING ARBITRATION, TO BE HELD IN AUSTIN, TRAVIS COUNTY, TEXAS, BEFORE A SINGLE ARBITRATOR IN ACCORDANCE WITH THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION (“AAA”). THE ARBITRATOR SHALL BE SELECTED BY MUTUAL AGREEMENT OF THE PARTIES OR, IF THE PARTIES CANNOT AGREE, THEN BY STRIKING FROM A LIST OF ARBITRATORS SUPPLIED BY AAA. THE ARBITRATION SHALL BE A CONFIDENTIAL PROCEEDING, CLOSED TO THE GENERAL PUBLIC. THE ARBITRATOR SHALL ISSUE A WRITTEN OPINION STATING THE ESSENTIAL FINDINGS AND CONCLUSIONS UPON WHICH THE ARBITRATOR’S AWARD IS BASED. THE ARBITRATOR SHALL HAVE THE POWER TO ENTER TEMPORARY RESTRAINING ORDERS AND PRELIMINARY AND PERMANENT INJUNCTIONS. NEITHER PARTY SHALL BE ENTITLED OR PERMITTED TO COMMENCE OR MAINTAIN ANY ACTION IN A COURT OF LAW WITH RESPECT TO ANY MATTER IN DISPUTE UNTIL SUCH MATTER SHALL HAVE BEEN SUBMITTED TO ARBITRATION AS HEREIN PROVIDED AND THEN ONLY FOR THE ENFORCEMENT OF THE ARBITRATOR’S AWARD. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT OR REMEDY TO SEEK AND/OR OBTAIN INJUNCTIVE OR OTHER EQUITABLE RELIEF OR ANY ORDER WITH RESPECT TO, AND/OR TO ENJOIN OR RESTRAIN OR OTHERWISE IMPAIR IN ANY MANNER, THE PRODUCTION, DISTRIBUTION, EXHIBITION OR OTHER EXPLOITATION OF ANY PRODUCT, SERVICE, PRODUCTION, OR PROJECT RELATED TO CCI OR ANY OF ITS AFFILIATES, OR THE USE, PUBLICATION, OR DISSEMINATION OF ANY ADVERTISING IN CONNECTION WITH SUCH PRODUCT, SERVICE, PRODUCTION, OR PROJECT.
This provision shall remain in full force and effect notwithstanding any termination of your use of the Website.
Should this arbitration clause be deemed invalid or otherwise unenforceable for any reason, it shall be severed and the parties agree that exclusive jurisdiction and venue for any and all claims will be in the state or federal courts in Austin, Texas.
WAIVER OF JURY TRIAL
THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING UNDER, IN CONNECTION WITH, TOUCHING UPON, OR RELATING TO THESE TOS, THE BREACH THEREOF AND/OR THE SCOPE OF THE PROVISIONS OF THIS PARAGRAPH, WHETHER SOUNDING IN CONTRACT OR TORT, AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF. THIS PROVISION SHALL REMAIN IN FULL FORCE AND EFFECT NOTWITHSTANDING ANY TERMINATION OF YOUR USE OF THE WEBSITE.
If any provision of the TOS shall be held unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these TOS and shall not affect the validity and enforceability of any remaining provisions. The failure of CCI to exercise or enforce any right or provision of these TOS shall not constitute a waiver of such right or provision.
You understand and agree that CCI may, in its sole and exclusive discretion and at any time, terminate or temporarily suspend your rights under any of the Licenses and otherwise your access to the Website, and discard, remove, and/or disable or deactivate any or all of your User Submissions that you Submitted to the Website (and/or any other User Submissions) and/or any other information and data that you (and/or anyone else) may have provided to the Website, for any reason. CCI may also, in its sole discretion and at any time, discontinue the Website or any parts thereof or limit or restrict any user access thereto, for any reason, with or without notice. YOU UNDERSTAND AND AGREE THAT CCI MAY TAKE ANY ONE OR MORE OF THESE ACTIONS WITHOUT ANY NOTICE TO YOU, PRIOR OR OTHERWISE, AND YOU UNDERSTAND AND AGREE THAT NEITHER CCI NOR ANY OF ITS AFFILIATES SHALL HAVE ANY LIABILITY TO YOU OR ANY OTHER PERSON FOR ANY TERMINATION OF YOUR (OR ANYONE ELSE’S) ACCESS TO THE WEBSITE OR PARTS THEREOF AND/OR THE REMOVAL, DISCARDING, DISABLING, OR DEACTIVATION OF ANY OF YOUR USER SUBMISSIONS (OR THE USER SUBMISSIONS OF ANYONE ELSE) OR THE REMOVAL, DISCARDING, DISABLING, OR DEACTIVATION OF ANY OTHER INFORMATION OR DATA THAT YOU (OR ANYONE ELSE) MAY HAVE PROVIDED ON OR THROUGH THE WEBSITE. You may discontinue your access to, use or participation on the Website at any time.
Notwithstanding anything to the contrary herein, you hereby irrevocably waive any right or remedy to seek and/or obtain injunctive or other equitable relief or any order with respect to, and/or to enjoin or restrain or otherwise impair in any manner, the production, distribution, exhibition or other exploitation of any CCI, or any CCI affiliate-related, product, service, production, or project, or the use, publication, or dissemination of any advertising in connection with such product, service, production, or project.
CHANGES IN SITE OWNERSHIP
Effective Date: October 7, 2009
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