Copyright & Compliance

Digital Millenium Copyright Act Company Copyright Compliance Policy

This is the official copyright compliance policy ("Copyright Compliance Policy") for www.company.com ("Site," "we," "us," or "our"), an Internet website offered in cooperation or connection with Company Name ("Company"), and this Copyright Compliance Policy applies regardless of what type of Device you use to access the Site. This Copyright Compliance Policy sets forth the procedures undertaken by Company to respond to notices of alleged copyright infringement from copyright owners and terminating the accounts of repeat infringers and does not cover any other procedures, for any other purpose, or the procedures of the Parent Companies or any subsidiaries and affiliates of Company and the Parent Companies (collectively, "Affiliates"), or any other company, unless specifically stated."

This Copyright Compliance Policy is a part of the terms and conditions which are set forth in our Terms of Use Agreement. Any terms that are not defined in this Copyright Compliance Policy shall have the meaning given in the Terms of Use Agreement. Both the Terms of Use Agreement and this Copyright Compliance Policy are legally binding on all users.

We take protection of copyrights, both our own and others, very seriously. We therefore employ multiple measures to prevent copyright infringement over this Site and to promptly end any infringement that might occur.

How to Send a Notice of Copyright Infringement

In you are a copyright owner (or the owner's authorized agent) and have a good-faith belief that material on our website infringes one of your copyrights, you may notify us using this procedure. In order for us to process your notice of copyright infringement, it must be sent to the agent designated below and must include the information specified below. When we receive a notice under this procedure, we will expeditiously remove or disable access to the material that is claimed to be infringing or to be the subject of infringing activity.

Send your notice of infringement to our designated agent for receiving such notices:

Name of Agent Designated to Receive Notification of Claimed Infringement: Company Legal Department, Copyright Compliance

Full Address of Designated Agent to Which Notification Should be Sent to:

Company Address

Email Address of Designated Agent:

legal@company.com

DO NOT SEND ANY INQUIRIES UNRELATED TO COPYRIGHT INFRINGEMENT (E.G., REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OR E-MAIL ABUSE, ETC.) TO THE CONTACT LISTED ABOVE. YOU WILL NOT RECEIVE A RESPONSE IF SENT TO THAT CONTACT.

Your notice of infringement must be a written communication provided to the agent designated above that includes substantially the following information:

(1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

(2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on our Site is covered by a single notification, a representative list of such works on our Site.

(3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.

(4) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.

(5) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

(6) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

WE CAUTION YOU THAT IF YOU KNOWINGLY MISREPRESENT THAT ONLINE CONTENT IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER'S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.

How to Send a Counternotice If Your Posting Was Removed in Response to a Notice of Infringement and You Believe the Posting Is Not Infringing

As explained above, if we receive a notice of infringement sent to our designated agent with the information described above, we will expeditiously remove or block access to the material that is claimed to be infringing. We will also send a notification to the user who posted the material, at the email address provided by the user in connection with his or her account with us, telling the user that the material was removed or access to it was blocked because of claimed infringement.

If you are a user who posted material that was removed in response to a notice of infringement and you believe that material was removed due to mistake or misidentification, you may request that we replace the posting by sending us a counternotice as follows:

You must send the counternotice to our designated agent for receiving notices of infringement, whose name and contact information is above.

Your counternotice must be a written communication sent and must include substantially the following information:

(1) A physical or electronic signature of the subscriber (you the user).

(2) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.

(3) A statement under penalty of perjury that the user has 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.

(4) The user's name, address, and telephone number, and a statement that the user consents to the jurisdiction of federal district court for the judicial district in which the address is located, or if the user's address is outside of the United States, for any judicial district in which the service provider may be found, and that the user will accept service of process from the person who provided notification of copyright infringement or an agent of such person.

When we receive a counternotice that complies with these requirements, we reserve the right, but not the obligation, to restore the material that was removed after forwarding a copy of the counternotice to the person who sent the notice of infringement and waiting at least ten (10) business days. If, during those ten (10) business days, the person who sent the original notice of infringement notifies us that such person has instituted a suit to seek a court order to restrain the user from infringing activity relating to the material on our website, we will not replace the material. Otherwise, we may repost the material at our discretion. However, pursuant to the Sections of the Terms of Use Agreement governing Postings, we retain the right to remove, block access to, or not restore material at any time for any reason without any liability to the posting user. In particular, a user who sends a counternotice pursuant to this Copyright Compliance Policy expressly acknowledges and agrees that we shall not be liable to the user under any circumstances for declining to replace material.

WE CAUTION YOU THAT IF YOU KNOWINGLY MISREPRESENT THAT ONLINE CONTENT IS NOT INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER'S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.

Repeat Infringer Policy

We have a policy of terminating the accounts of repeat infringers. A repeat infringer includes any user who has made two or more Postings for which we receive a notice of infringement under this Copyright Compliance Policy. Each user agrees that if his or her account is terminated pursuant to this Copyright Compliance Policy, the user will not attempt to establish a new account under any name, real or assumed, and further agrees that if the user violates this restriction by opening a new account after being terminated pursuant to this Copyright Compliance Policy, the user shall indemnify and hold us harmless for any and all liability that we may incur therefor.

Sole Statement: This document is the sole statement of the Copyright Compliance Policy with respect to this Site, and no summary, restatement or other version thereof, or other statement or policy, in any form, including, without limitation, machine-generated, is valid.

This Copyright Compliance Policy is effective immediately.

Terms of Use

1. ELIGIBILITY; ADDITIONAL TERMS; BINDING AGREEMENT.

This Site is designed and targeted to audiences residing in, and is governed by and operated in accordance with the laws of, the United States of America, its territories and possessions ("U.S."). You must be at least 18 years of age or older ("Site Minimum Age"), be capable of entering into and forming a legally binding contract to use this Site, but certain features on this Site may be subject to heightened age and/or other eligibility requirements. For example, if this Site requires you to be at least 18 years of age, please be aware that certain areas on the Site may contain content for which you must be greater than the Site Minimum Age to access and view even if this Site's age eligibility requirements are less than the Site Minimum Age. In addition, you must be in good standing and not an individual that has been previously barred from using the Site under this Agreement, the laws and statutes of the United States or any state or locality therein, or any other applicable jurisdiction. If you are not yet the Site Minimum Age or the required greater age for certain features, do not meet eligibility requirements, or, if for any reason, you do not agree with all of the terms and conditions contained in this Agreement, please discontinue using the Site immediately because by using or attempting to use the Site, you certify that you are at least the Site Minimum Age or other required greater age for certain features, meet any other eligibility and residency requirements of the Site and agree to all of the terms and conditions of this Agreement.

These terms and conditions regarding your use of the Site (hereinafter the “Agreement” or “Terms of Use”) constitute a legally binding agreement between you, on the one hand, and Company, on the other hand.

In this Agreement, the term "Site" includes all websites and web pages within or associated with the Site (such as third level domain names and other subdomains) as well as any equivalent, mirror, replacement, substitute or backup websites and web pages that are associated with the Site. By using this Site, you understand, acknowledge and agree that you will abide by the terms of this Agreement and any additional terms that govern certain products and/or services which will be presented in conjunction with those products and/or services ("Additional Terms"), including, but not limited to, any terms that may be provided on the Site relating to the submission of content, media and materials you submit for posting on the Site ("User Content Submission Agreement"), the rules of participation ("Rules") which govern certain activities and services. The Site's Additional Terms and the Privacy Policy are hereby incorporated in this Agreement by reference. If there is a conflict between this Agreement and Additional Terms for the activity which you choose to participate in, the Additional Terms shall govern. This Agreement will remain in full force and effect as long as you are a user of the Site and, in the event of termination of any membership, service or feature, you will still be bound by your obligations under this Agreement (including, but not limited to, the Privacy Policy and any Additional Terms), such as any indemnifications, warranties and limitations of liability.

The words "use" or "using" in this Agreement means any time an individual (a "user"), directly or indirectly, with or without the aid of a machine or device, does or attempts to access, interact with use, display, view, print or copy from the Site, transmit, receive or exchange data or communicate with the Site, or in any way utilizes, benefits, takes advantage of or interacts with any function, service or feature of the Site, for any purpose whatsoever. This Agreement does not cover your rights or responsibilities with respect to third party content or sites or any links that may direct your browser or your connection to third party sites or pages. This is the entire and exclusive Agreement between you and us regarding use of the Site and it cannot be modified, except as specifically described below in Section 3. This Agreement applies regardless of whether you are accessing the Site via a personal computer, a mobile device or any other technology or devices now known or hereafter developed or discovered (each, a "Device").

2. REGISTRATION.

If we offer user registration on the Site, to register as a member of the Site, there may be a few options for you to register (which are further described in our Privacy Policy): Site registration and Third Party Social Media Network Sign-On (as described in our Privacy Policy). In each case, you are required to either use a pre-existing user name and password (together, your "User ID") or select a new unique User ID in order to access and use certain features or functions of the Site. We may also, from time to time, provide users with additional codes or passwords necessary to access and use certain features or functions of the Site. Please read our Privacy Policy, which provides additional information on options we may provide to register on the Site and the information we collect, use, disclose, manage and store. Your user name and password are personal to you and you may not allow any others to use your user name or password under any circumstances. We are not liable for any harm caused or related to the theft or misappropriation of your user name or password, disclosure of your user name or password, or your authorization of anyone else to use your user name or password. You agree to immediately notify us if you become aware of or believe there is or may have been any unauthorized use of (or activity using) your user name or password or any other need to deactivate your user name or password due to security concerns.

3. MODIFICATIONS TO THIS AGREEMENT.

We reserve the right to revise the terms of this Agreement, at any time and from time to time, for any reason in our sole discretion by posting updated Terms of Use without advance notice to you. We shall post or display notices of material changes on the Site's homepage and/or otherwise on the Site and/or e-mail you or notify you upon login about these changes; the form of such notice is at our discretion. Once we post them on the Site, these changes become effective immediately and, if you use the Site after they become effective, it will signify your agreement to be bound by the changes. You should check back frequently and regularly review the terms and conditions of this Agreement, including, but not limited to, any Additional Terms and the Privacy Policy, so you are aware of the most current rights and obligations that apply to you and the terms and conditions of your agreement with us.

4. OWNERSHIP OF INTELLECTUAL PROPERTY.

The contents of this Site, including all Site software, design, text, images, photographs, illustrations, audio and video material, artwork, graphic material, databases, proprietary information and all copyrightable or otherwise legally protectable elements of the Site, including, without limitation, the selection, sequence and 'look and feel' and arrangement of items, and all trademarks, service marks and trade names (individually and/or collectively, "Material"), are the property of Company, and any of its successors and assigns, and any of its respective licensors (for example, certain software on this Site may contain software owned by third parties and Postings may be owned by you or third parties), Advertisers (as defined below), suppliers, and operational service providers and are legally protected under applicable U.S. and foreign laws, rules and regulations and international treaties. Unless the context clearly requires otherwise or we explicitly say so in writing, the term "Site" includes "Material" as well. The Site is to be used solely for your non-commercial, non-exclusive, non-assignable, non-transferable and limited personal use and for no other purposes. You must not alter, delete or conceal any copyright or other notices contained on the Site, including notices on any Material you are permitted to download, transmit, display, print or reproduce from the Site. You shall not, nor will you allow any third party (whether or not for your benefit) to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party website), or otherwise use, any Material without the express prior written consent of Company or its owner if Company is not the owner. Any unauthorized or prohibited use of any Material may subject you to civil liability, criminal prosecution, or both, under applicable federal, state and local laws. We require users to respect our copyrights, trademarks, and other intellectual property rights. We likewise respect the intellectual property of others. On notice, we will act expeditiously to remove content on the Site that infringes the copyright rights of others and will disable the access to the Site and its services of anyone who uses them to repeatedly to infringe the intellectual property rights of others.

We take protection of copyrights, both our own and others, very seriously. We therefore employ multiple measures to prevent copyright infringement over this Site and to promptly end any infringement that might occur. If you believe that the Site contains elements that infringe your copyrights in your work, please follow the procedures set forth in our Copyright Compliance Policy.

5. ADVERTISING.

From time to time, you may communicate with, receive communications from, be re-directed to, interact with, or participate in or use the services or obtain goods and services of or from, third parties (collectively, the "Advertisers"), such as our advertisers, sponsors, or promotional partners, as a result of your use of the Site. All such communication, interaction and participation is strictly and solely between you and such Advertisers and we shall not be responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the Advertiser or any goods or services you may purchase or obtain from any Advertiser).

6. RULES OF CONDUCT.

Your use of the Site is subject to all applicable laws, rules and regulations and, in some cases, international treaties. You are solely responsible for all activities, acts and omissions that occur in, from, through or under your user name or password. You are also prohibited from using the Site (or attempting to use the Site, or allowing, enabling or condoning others to use the Site) in a manner that:

●      is or is likely to be libelous, defamatory, indecent, vulgar or obscene, pornographic, sexually explicit or sexually suggestive, racially, culturally, or ethnically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory, or abusive, or which may or may appear to impersonate anyone else or misrepresent any affiliation with an individual or entity;

●      causes harm to minors in any manner whatsoever;

●      constitutes “stalking” or any other attempt to otherwise harass an individual;

●      adversely affects or negatively reflects on us, our goodwill, name or reputation or causes duress, distress or discomfort to us or anyone else, or is likely to do so;

●      discourages or is likely to discourage any person, firm or enterprise from using all or any portion, features or functions of the Site, or from advertising, linking or becoming a supplier to us in connection with the Site;

●      sends or results in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, or so-called "spamming" and "phishing";

●      uses the Site for commercial or business purposes, including, without limitation, advertising, marketing or offering goods or services, whether or not for financial or any other form of compensation or through linking with any other website or web pages;

●      transmits, distributes or uploads programs or material that contain malicious code, such as viruses, timebombs, cancelbots, worms, trojan horses, spyware, or other potentially harmful programs or other material or information;

●      forges any TCP/IP packet header or part of the header information in any email, newsgroup posting or other posting for any reason;

●      violates any laws, rules or regulations (including, without limitation, laws regarding the transmission of technical data or software exported from the United States), judicial or governmental order or any treaties, whether under local, state, federal, national, or international law, or violates or infringes upon any copyright or other intellectual property rights, rights of publicity or privacy or any other rights of ours or of any other person, firm or enterprise;

●      publishes or offers any content that you do not personally have any right to offer pursuant to any law or in accordance with any contractual or fiduciary relationship;

●      gains or enables unauthorized access to the Site or any of its features or functions, other users' accounts, names, passwords, personally identifiable information or other computers, websites or pages, connected or linked to the Site;

●      modifies, disrupts, impairs, alters or interferes with the use, features, functions, operation or maintenance of the Site or the use and enjoyment of the Site by any other person, firm or enterprise;

●      collects, obtains, compiles, gathers, transmits, reproduces, deletes, revises, views or displays any material or information, whether personally identifiable or not, posted by or concerning any other person, firm or enterprise, in connection with their or your use of the Site, unless you have obtained the express, prior permission of such other person, firm or enterprise to do so;

●      except with our prior permission, uses manual or automated software, devices, scripts, robots or other means or processes to access, "scrape," "crawl" or "spider" any web pages or other services contained in the Site; or

●      otherwise violates or is inconsistent with this Agreement, including, but not limited to, any Additional Terms and the Privacy Policy.

7. SHOPPING.

If we offer certain e-Commerce to enable you to purchase goods and services via our shop (the "E-Commerce Service" or "Shop"), additional terms (such as those available on or through the Shop page) apply to your use and access of the E-Commerce Service which are Additional Terms and incorporated herein by reference. See the other terms available on or by link through the Shop site, if available, for more information on these Additional Terms.

8. CAUTIONS FOR GLOBAL USE AND EXPORT AND IMPORT COMPLIANCE

Due to the global nature of the internet, through the use of our network you hereby agree to comply with all local rules relating to online conduct and that which is considered acceptable content. Uploading, posting and/or transferring of software, technology and other technical data may be subject to the export and import laws of the United States and possibly other countries. Through the use of our network, you thus agree to comply with all applicable export and import laws, statutes and regulations, including, but not limited to, the Export Administration Regulations (http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the sanctions control program of the United States (http://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx). Furthermore, you state and pledge that you:

a)        are not on the list of prohibited individuals which may be identified on any government export exclusion report (http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm) nor a member of any other government which may be part of an export-prohibited country identified in applicable export and import laws and regulations;

b)        agree not to transfer any software, technology or any other technical data through the use of our network Services to any export-prohibited country;

c)         agree not to use our website network Services for any military, nuclear, missile, chemical or biological weaponry end uses that would be a violation of the U.S. export laws; and

d)        agree not to post, transfer nor upload any software, technology or any other technical data which would be in violation of the U.S. or other applicable export and/or import laws.

9. POSTINGS.

Your comments, suggestions and information are important to us. Portions of this Site may provide you and other users an opportunity to participate in forum services, blogs, web communities and other message and communication facilities ("Communities") and may provide you with the opportunity, through such Communities or otherwise, to submit, post, display, transmit and/or exchange information, ideas, opinions, messages, content, media, materials or other information (collectively, "Posts" or "Postings"). If this Site provides a User Content Submission Agreement, such terms govern any User Content (as defined therein) which are also Postings under this Agreement and such User Content Submission Agreement are Additional Terms under this Agreement.

9.1 Responsibility for Postings; Our Right to Review, Monitor, Edit and/or Screen and Take Other Actions.

You understand, acknowledge and agree that Postings are the sole responsibility of the person from which such Postings originated. This means that you are solely and entirely responsible for the consequences of all Postings that you (including, but not limited to, Postings made under your name, user name and/or email address) upload, post, email, transmit or otherwise make available via the Site. Except for the licenses, authorizations, consents and rights granted hereunder (including, but not limited to, as described in any User Content Submission Agreement that may be posted on this Site), as comprehensive and broad as they may seem or actually be, Company acquires no title or ownership rights in or to any User Content you submit and nothing in this Agreement conveys to us any ownership rights in your User Content.

In order to facilitate appearance of Postings and Other User Content, you hereby grant and allow for Company the below listed worldwide, royalty-free and non-exclusive licenses, as applicable:

a)        The content submitted or made available for inclusion on the publicly accessible areas of Company’s sites, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said User Content on our network Services is for the sole purpose of providing and promoting the specific area to which this content was placed and/or made available for viewing. This license shall be available so long as you are a member of Company’s sites, and shall terminate at such time when you elect to discontinue your membership.

b)        Photos, audio, video and/or graphics submitted or made available for inclusion on the publicly accessible areas of Company’s sites, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network Services are for the sole purpose of providing and promoting the specific area in which this content was placed and/or made available for viewing. This license shall be available so long as you are a member of Company’s sites and shall terminate at such time when you elect to discontinue your membership. However, you hereby agree and understand that any information or content that you permit or allow Company to share with third parties shall be beyond the ability of Company to retrieve and that if you wish such third parties to cease using said information, you will be solely responsible for requesting that third parties discontinue use of said information in compliance with applicable privacy laws or other laws and the internal policies and procedures of the third parties. You hereby indemnify and hold harmless Company for any claims based on use of said information by third parties that receive said information under these Terms of Use or any other relevant agreement between you and Company.

c)         Photos, audio, graphics, and/or information expressly or impliedly shared with third parties pursuant to your membership with Company, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content and for Company to sublicense the same rights to third parties you have agreed may receive and use this information or content. This license shall be available so long as you are a member of Company’s sites and shall terminate at such time when you elect to discontinue your membership. However, you hereby agree and understand that any information or content that you permit or allow Company to share with third parties shall be beyond the ability of Company to retrieve and that if you wish such third parties to cease using said information, you will be solely responsible for requesting that third parties discontinue use of said information in compliance with applicable privacy laws or other laws and the internal policies and procedures of the third parties. You hereby indemnify and hold harmless Company for any claims based on use of said information by third parties that receive said information under these Terms of Use or any other relevant agreement between you and Company.

Postings do not reflect the views of Company and Company does not represent or guarantee the truthfulness, accuracy or reliability of any Posting or endorse or support any opinions expressed in any Postings. Company does not control any Postings submitted, although we may (in our sole discretion) use automated and/or manual means of reviewing Postings in order to prevent unauthorized content from appearing and being displayed on our Site. Company reserves the right to review, monitor, edit and/or screen any Postings and to delete, remove, move, re-format, edit or reject, without notice to you, any Postings that we deem, in our sole discretion, to be in violation of this Agreement or to be unacceptable to Company, or for any reason or for no reason whatsoever; provided, however, that Company shall have no obligation or liability for failure to do so or for doing so in any particular manner. If we change your Postings, you will not be responsible for any such changes we make.

If we determine, in our sole discretion and judgment, that any Posting does or may violate any of the terms of this Agreement, in addition to our rights as described in this Agreement, we reserve the right, at any time and without limiting any and all other rights we may have under this Agreement, at law or in equity, to: (i) refuse to allow you to Post; (ii) remove and delete Postings; (iii) revoke your right to use the Site; and/or (iv) use any technological, legal, operational or other means available to us to enforce the provisions of this Agreement, including, without limitation, blocking specific IP addresses or deactivating your registration on the Site. Company further reserves the right to access, preserve and/or disclose member account information and/or content if it is requested to do so by law or in good faith belief that any such action is deemed reasonably necessary for: a) compliance with any legal process; b) enforcement of this Agreement; c) responding to any claim that therein contained content is in violation of the rights of any third party; d) responding to requests for customer service; or e) protecting the rights, property or the personal safety of Company, its visitors, users and members, including the general public.

The amount of storage space on the Site per user is limited. Some Postings may not be processed due to space constraints or outbound message limitations. You understand, acknowledge and agree that we assume no responsibility for deletion of Postings or any failure to store, receive or deliver Postings in a timely manner or any other matter relating to Postings. Postings are subject to all of the terms of this Agreement, including, but not limited to, the rules of conduct expressed in this Paragraph herein. You herein acknowledge that Company may set up any such practices and/or limits regarding the use of our Services, including without limitation of the maximum number of days that any email, message posting or any other uploaded content shall be retained by Company, the maximum number of email messages that may be sent and/or received by any member, the maximum volume or size of any email message that may be sent from or may be received by an account on our Service, the maximum disk space allowable that shall be allocated on Company's servers on the member's behalf, and/or the maximum number of times and/or duration that any member may access our Site and related services in a given period of time. In addition, you also agree that Company has absolutely no responsibility or liability for the removal or failure to maintain storage of any messages and/or other communications or content maintained or transmitted by our Site. You also herein acknowledge that we reserve the right to delete or remove any account that is no longer active for an extended period of time. Furthermore, Company shall reserve the right to modify, alter and/or update these general practices and limits in our sole and absolute discretion.

9.2 Grant of Rights; Representations, Warranties and Covenants.

If a Posting originates from you or your account, you hereby agree that (and each time you submit (or attempt to submit) a Posting, you reaffirm such agreement that): (i) you specifically authorize Company to use such Posting in whole or in part, throughout the universe, in perpetuity in or on any and all media, now known or hereafter devised, and alone or together with or as part of other information, content and/or material of any kind or nature; (ii) you represent, warrant and covenant that (A) the Posting is original to you and/or fully cleared for use as contemplated herein, (B) the Posting does and will not, in any way, violate or breach any of the terms of this Agreement, (C) the Posting does not contain libelous, tortious, obscene or otherwise unlawful material or information, (D) the Posting, and Company’s exercise of the rights you grant to Company to the Postings, will not infringe upon, misappropriate or otherwise violate any copyright or other intellectual property, privacy, publicity or other rights of any party, or otherwise violate any other applicable law, rule or regulation, (E) the Posting shall not be injurious to the health of any user, (F) Company shall not be required to pay or incur any sums to any person or entity as a result of our permitted use or exploitation of the Posting, and (G) all of the information provided by you associated with your Posting is complete and accurate; and (iii) if your Posting incorporates the name, logo, brand, service or trademark, voice, likeness or image of any person, firm or enterprise, you additionally represent, warrant and covenant to Company that (A) you have the right to grant Company the right to use all such Postings as described above, (B) the Posting was produced in compliance with all applicable laws and regulations and (C) for any Posting that contains original videos, you will comply with any applicable identification verification and record-keeping requirements, and our policies regarding governmental certification procedures relating thereto, and you will secure and maintain the requisite personal information and identification documentation for all individuals who appear in any such original videos, as may be required by law and/or otherwise requested or required by us in connection with our corporate compliance policies and practices, which includes (a) the individual's full legal name, current address, date of birth and (b) a legible photocopy of a valid government-issued identification document (e.g., a U.S. passport, state driver's license or valid photo ID card) to verify the individual's identity. With the submission of each such Posting, Company reserves the right to request that you, and upon such request you must, deliver a full and complete set of such identification verification records to us, as well as a legible photocopy of your valid driver's license, passport or other acceptable government-issued photo identification for our verification and record-keeping purposes.

Upon the request of Company, you will promptly furnish any documentation, substantiation and releases necessary and reasonably required to verify and substantiate your compliance with any or all of the terms and conditions of this Agreement, including, without limitation, the foregoing representations, warranties and covenants and, if applicable, you will promptly comply with any specific requests or directions we give you in connection with Postings you submit that may be subject to these requirements.

Notwithstanding anything to the contrary, you also understand and agree that Company shall not be obligated or responsible for providing any guild or residual payments in connection with the submission and exploitation of any Posting.

9.3 Claims Regarding Content.

If you believe that any content on the Site (including, without limitation, Postings) violates any of the terms of this Agreement (except for any notices covered by the Copyright Compliance Policy), you may contact us via the Contact Us page (please refer to our Copyright Compliance Policy for any notices covered by the Copyright Compliance Policy). We cannot guarantee that we will respond to your message and we reserve the right to take or refrain from taking any or all steps available to us once we receive any such message.

9.4 Certain Rights of Removal for Postings.

Registered users of this Site who are California residents and are under 18 years of age may request and obtain removal of Postings on this Site that they themselves post by emailing us at Contact Us . All requests must be submitted with "California Removal Request" as the category. All requests must provide a description of the content or information in your Posting that you want removed and information reasonably sufficient to permit us to locate the material and, so that we can process your request and contact you if we have questions, include your registered username, name, street address, city, state, zip code and email address (your street address is optional if you wish to receive a response to your request via email), include the name and URL (if applicable) of the website, application or other interactive service and indicate your preference on how our response to your request should be sent (email or postal mail). We shall not accept requests via postal mail, telephone or facsimile. We are not responsible for notices that are not labeled or sent properly, or may not be able to respond if you do not provide complete information.

Please also note that any requests for removal do not ensure complete or comprehensive removal of the content or information from this Site. For example, content that you have posted may be republished or reposted by another user or third party. See also Section 8 of our Privacy Policy regarding how you may delete certain Information.

10. CONTESTS, SWEEPSTAKES, VOTING RULES, AUCTIONS AND OTHER PROMOTIONS.

From time to time, Company and/or its Advertisers, operational service providers and suppliers may conduct promotions on or through the Site, including, but not limited to, auctions, contests and sweepstakes ("Promotions"). Each Promotion may have Additional Terms, such as the rules governing any voting relating to a Promotion (the "Voting Rules") and other rules relating to the Promotion, which will be posted or otherwise made available to you and, for purposes of each Promotion, are Additional Terms and will be deemed incorporated into and form a part of this Agreement.

11. CERTAIN PRODUCTS AND SERVICES.

11.1 RSS Feeds and Podcasts

The Site may provide RSS Feeds ("RSS Feeds") consisting of selected text, audio, video, and photographic content ("Content") from the Site that is provided over the Internet using an XML feed. Certain RSS Feeds may be podcasts ("Podcasts") which may include as part of the Content an associated audio, video and/or photographic file where the audio and/or video file may be downloaded and played from a user's Device or (if permitted) transferred to another Device. Certain software and hardware is required for users to download and view and/or play Content through RSS Feeds.

Content is Material and subject to all of the terms of this Agreement, even though you may download, copy and/or transfer to a Device, or through a Device to another Device, the RSS Feeds and associated Content.

By your access to and use of RSS Feeds, you understand, acknowledge and agree that Company does not warrant that its RSS Feeds will operate on all Devices. Please see the "Disclaimer and Limitations of Liability" section below for further details.

11.2 Mobile Applications

If Company offers products and services through applications available on your wireless or other mobile Device (such as a mobile phone) (the "Mobile Application Services"), such as applications you download or text messaging services, these Mobile Application Services are governed by the Additional Terms presented in connection with the applicable Mobile Application Service. These Mobile Application Services may be provided at no charge to you or may be available for a fee, as provided in the applicable Additional Terms, including, but not limited to, the terms presented to you in connection with your download of such Mobile Application Service. In addition, your wireless carrier's standard messaging rates and other messaging, data and other rates and charges will apply to certain Mobile Application Services. You should check with your carrier to find out what plans your carrier offers and how much the plans cost. In addition, the use or availability of certain Mobile Application Services may be prohibited or restricted by your wireless carrier, and not all Mobile Application Services may work with all wireless carriers or Devices. Therefore, you should check with your wireless carrier to find out if the Mobile Application Services are available for your wireless Device, and what restrictions, if any, may be applicable to your use of such Mobile Application Services. If you change or deactivate your wireless telephone number, you agree to promptly update your Mobile Application Services account information, or otherwise notify us that the wireless telephone number is no longer associated with you and identify such wireless phone number, to ensure that future messages directed to you are not sent to the person to whom your old number has been or will be assigned.

Under no circumstances will Company be responsible for any wireless service charges incurred by you or by a person that has access to your wireless device, telephone number, or email address using any Mobile Application Services.

11.3 Viral Features

There may be portions of our Site, content, functionality or features (e.g, digital streaming media player(s)) ("Viral Features") that we make available to users for your personal use. While we can change how, to whom and to what extent we make these Viral Features available at any time without any notice and in our sole discretion, so long as they are available to you, whenever you visit our Site or take advantage of any of these Viral Features, you agree not to download any content made available as part of the Viral Features and acknowledge that such content is available only for streaming viewing and, further, that you are bound by the applicable provisions of this Agreement and our Privacy Policy.

12. HYPERLINKS TO THIRD PARTY SITES.

The appearance, availability, or your use of URLs or hyperlinks referenced or included anywhere on the Site or any other form of link or re-direction of your connection to, with or through the Site, does not constitute an endorsement by, nor does it incur any obligation, responsibility or liability on the part of, Company, any of their successors and assigns, and any of their respective officers, directors, employees, agents, representatives, licensors, Advertisers, suppliers, and operational service providers. We do not verify, endorse or have any responsibility for any such third party sites, their business practices (including their privacy policies), or any goods or services associated with or obtained in connection with any such site, even if Company’s logo(s) or sponsorship identification is on the third party site as part of a co-branding or promotional arrangement. If any third party site obtains or collects Personal Information or other information from you, in no event shall we assume or have any responsibility or liability. Please read our Privacy Policy, which describes how Company collects and uses your Personal Information and other information and certain of our relationships.

13. DEACTIVATION/TERMINATION OF YOUR REGISTRATION OR USE.

If this Site offers user registration and you are registered to use the Site, you may deactivate your account on the Site, at any time and for any reason, by logging into the Site and selecting "Cancel My Account. " If you are unable to deactivate your account on this Site using this method or otherwise have questions about how to deactivate your account, please contact us at Contact Us.

We may terminate your use of and registration on the Site, at any time and for any reason, with or without cause, without prior notice to you and without any liability or further obligation of any kind whatsoever to you or any other party. See our Privacy Policy for more information about deactivation or termination of accounts by parents or legal guardians if you have not yet reached the age of majority where you live.

14. DISCLAIMER AND LIMITATIONS OF LIABILITY.

THIS SITE, AND ALL MATERIALS, GOODS AND SERVICES AND POSTINGS ARE MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE) OR ANY GUARANTY OR ASSURANCE THE SITE WILL BE AVAILABLE FOR USE, OR THAT ALL FEATURES, FUNCTIONS OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED. WITHOUT LIMITING THE FOREGOING, WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY MALICIOUS CODE, DELAYS, INACCURACIES, ERRORS, OR OMISSIONS RELATING TO YOUR USE OF THE SITE. COMPANY AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) COMPANY’S SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) COMPANY’S SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE COMPANY’S SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED. ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF COMPANY’S SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL. NO ADVICE AND/OR INFORMATION, WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM COMPANY OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED ELILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISON, EYE OR MUSCLE TWITCHES, LOSS OF AWARNESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

You understand, acknowledge and agree that you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security and validity of any and all features and functions of the Site, including, without limitation, Postings and Materials associated with your use of the Site.

YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THIS SITE AND ITS RESPECTIVE SUCCESSORS AND ASSIGNS, AND ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OPERATIONAL SERVICE PROVIDERS, ADVERTISERS, OR SUPPLIERS, SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND, DIRECT OR INDIRECT, RELATING TO THE SITE OR THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL OR PUNITIVE DAMAGES, HOWEVER ARISING OR CAUSED, WHETHER FORESEEABLE OR NOT, REGARDLESS OF THE FORM OF ACTION OR THE BASIS OR CHARACTERIZATION OF THE CLAIM AND EVEN IF ADVISED OF THE POSSIBILITY OF DAMAGES. WITHOUT LIMITING THE FOREGOING, THE SITE IS MAINTAINED ON SERVERS IN THE UNITED STATES AND COMPANY DISCLAIMS ALL LIABILITY FOR ANY USE NOT SPECIFICALLY AUTHORIZED OR THAT IS IN VIOLATION OF THIS AGREEMENT OR THE LAWS OR REGULATIONS THAT MAY APPLY TO YOU IN ANY JURISDICTION OR COUNTRY.

Notwithstanding any claim that a sole or exclusive remedy which is provided in this Agreement may or does fail of its essential purpose, you specifically acknowledge and agree that your sole and exclusive remedy for any loss or damage shall be to have Company, upon written notice from you to us, attempt to repair, correct or replace any deficient goods or services under this Agreement and, if repair, correction or replacement is not reasonably commercially practicable for Company, to refund any monies actually paid by you to Company for the goods or services involved and to terminate and discontinue your use of the Site. You further understand and acknowledge the capacity of the Site, in the aggregate and for each user, is limited. Consequently some messages and transmissions may not be processed in a timely fashion or at all, and some features or functions may be restricted or delayed or become completely inoperable. As a result, you acknowledge and agree that Company assumes no liability, responsibility or obligation to transmit, process, store, receive or deliver transactions or Postings or for any failure or delay associated with any Postings and you are hereby expressly advised not to rely upon the timeliness or performance of the Site for any transactions or Postings. Some jurisdictions do not allow for the exclusion of certain warranties or certain limitations on damages and remedies; accordingly some of the exclusions and limitations described in this Agreement may not apply to you.

SPECIAL ADMONITION RELATED TO FINANCIAL MATTERS:

Should you intend to create or to join any service, receive or request any such news, messages, alerts or other information from our Services concerning companies, stock quotes, investments or securities, please review this Section on Disclaimers and Limitations of Liability again. In addition, for this particular type of information, the phrase "Let the investor beware" is appropriate. Company's content is provided primarily for informational purposes, and no content that shall be provided or included in our Services is intended for trading or investing purposes. Company and our licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted and/or made available by way of our Services, and shall not be responsible or liable for any trading and/or investment decisions based on any such information.

15. INDEMNIFICATION.

You agree to indemnify, defend and hold Company and any of its successors and assigns, and any of their respective officers, directors, employees, agents, representatives, licensors, Advertisers, suppliers, and operational service providers harmless from and against any and all claims, actions, losses, expenses, damages and costs (including reasonable attorneys' fees), resulting from any breach or violation of this Agreement by you, your use of the Site, or the public posting or other permitted use of your Postings.

Company reserves the right to assume, at its sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with Company in the defense of any such claim, action, settlement or compromise negotiations, as requested by Company.

16. ADS AND MALWARE.

We take great care and pride in creating this Site. We are always on the lookout for technical glitches that affect how the Site works. When we find them on our end, we will fix them. Unfortunately, your Device may cause some glitches that affect how you see our Site -- and that is beyond our control.

If you experience any unusual behavior, content or ads on the Site, it may be the result of Malware on your computer. Malware -- short for MALicious softWARE -- is a term used to broadly classify a form of software which is installed in a computer system with malicious intentions, usually without the owner's knowledge or permission. Malware includes computer viruses, key loggers, malicious active content, rogue programs and dialers, among others. While we continuously work closely with our partners to ensure that everything on the Site is working properly, sometimes Malware programs on your Device may interfere with your experience on our Site and on other sites that you visit.

We suggest that you take some of the following actions which may help to clean your Device and which could prevent future installations of Malware.

●      Update your Device via tools available through your web browser or from your browser provider.

●      Install a SpyWare Removal Tool such as Spybot Search and Destroy or Malwarebytes to clean your computer of Malware.

●      Install antivirus software, such as Kaspersky Anti-Virus.

Please note that we cannot be responsible for the effects of any third party software including Malware on your Device. Please make sure to carefully read the Help or Customer Support areas of any software download site. If you do discover any Malware on your Device, we also suggest you speak with a qualified technician for your Device. If, after taking the above actions, you are still experiencing any problems, please feel free to contact us via the Contact Us page.

17. PRIVACY.

We respect your privacy and the use and protection of your Information. Please see our Privacy Policy, for important information and disclosures relating to the collection and use of your Information in connection with your use of the Site.

18. RESOLUTION OF DISPUTES: BINDING ARBITRATION; NO CLASS OR REPRESENTATIVE ACTIONS OR ARBITRATIONS

See our FAQs for more information.

18.1 Binding Arbitration and Exclusions from Arbitration.

EXCEPT AS PROVIDED BELOW OR UNLESS YOU SUBMIT A VALID ARBITRATION/CLASS ACTION WAIVER OPT-OUT NOTICE (AS DESCRIBED IN SECTION 18.5), ANY AND ALL CLAIMS BETWEEN YOU AND COMPANY WILL BE RESOLVED IN BINDING ARBITRATION RATHER THAN IN COURT. You and Company agree to submit to individual arbitration the resolution of any and all Claims by or between you and/or Company, except that you and Company agree that the following will not be subject to the mandatory arbitration provisions in this Section 18.1: (A) any Claim filed by you or Company with respect to any violation, enforcement or validity of patent, trademark, trade dress, service mark, copyright and/or trade secret rights of you, Company, or any third party, including, but not limited to, Claims related to content that you upload to or share on the Site and/or (B) you or Company may seek a preliminary injunction, restraining order or other provisional equitable relief in any court as provided in Section 20 in connection with any Claim whereby you or Company, as applicable, may suffer immediate and irreparable harm for which money damages may be inadequate and impossible to calculate (including, but not limited to, a Claim under Section 18.1(A)), where such Claim under this Section 18.1(B) will not be subject to the informal dispute resolution procedures described in Section 18.2 below; provided, however, that, subsequent to obtaining such preliminary injunction, restraining order or other provisional equitable relief, the Claim will then be submitted to arbitration in accordance with Section 18. You and Company agree that this Agreement affects interstate commerce, and that the enforceability of Section 18 will be governed by, construed, and enforced, both procedurally and substantively, by the Federal Arbitration Act, 9 U.S.C. sections 1-9 ("FAA"). Arbitration is the referral of a dispute to one or more impartial persons for a final and binding determination. There is no judge or jury in arbitration, discovery is more limited than in court, there are no class or representative proceedings, and court review of an arbitration decision is limited. An arbitrator must follow this Agreement and can award on an individual basis the same damages and relief as a court (including, but not limited to, injunctive and declaratory relief, statutory damages, and attorneys' fees). "Claim(s)" means any dispute, claim or controversy by or between you and/or Company relating to the Site and/or this Agreement (including, but not limited to, this Site's Privacy Policy and all Additional Terms, Rules, regulations, procedures and policies which we refer to in this Agreement), as may be modified from time-to-time, and the subject matter hereof, including, but not limited to, any contract, tort, statutory, or equity claims.

18.2 Informal Dispute Resolution.

Except with respect to Claims described in Section 18.1(B) above, before either you or Company pursue or participate in any Claim against the other party in arbitration or court proceedings, you or Company must notify the other party of the Claim in writing at least 60 days in advance of initiating the arbitration or court proceeding in order to provide a reasonable opportunity to resolve the Claim. You may send a written notice of your Claim to Company at Company Address, Attention: Legal. Company may send written or electronic notice of its Claim to your email address, Company account or any physical or other address Company has for you. The notice must describe the Claim in reasonable detail and set forth the relief requested so that the other party has an opportunity to adequately address the Claim. Except with respect to Claims described in Section 18.1(B) above, you and Company agree to negotiate in good faith with each other to try to informally resolve the Claim and, if you and Company do not reach an informal resolution of the Claim within 60 days, then the Claim may be submitted to binding arbitration as set forth in Section 18 or court as permitted by Section 18.1.

18.3 Arbitration Proceedings and Costs.

Any arbitration will be administered by the American Arbitration Association ("AAA") pursuant to its Consumer Arbitration Rules (the "AAA Rules"), as modified by this Agreement. The AAA Rules, and other information about the AAA, are available at the AAA's website at www.adr.org. A form for initiating arbitration proceedings is available on the AAA's website (see Demand for Arbitration at https://www.adr.org/aaa/ShowPDF?doc=ADRSTG_015820 and, for arbitrations in California, https://www.adr.org/aaa/ShowPDF?doc=ADRSTG_015822, but contact the AAA if you have issues accessing these links) and arbitration proceedings shall be initiated in the location described in Section 19. As required by the AAA Rules, if you initiate the arbitration proceedings, you must send the original copy of the completed form to Company, which should be sent to Company at the following address: Company Address, Attention: Legal. If your Claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely based on documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing under the AAA Rules. In all cases, you and Company shall exchange documents and other information that you or Company intend to use in the arbitration.

The AAA Rules will govern payment of filing, administration and arbitrator fees to the maximum extent permitted by law. The decision of the arbitrator will be binding and conclusive on all parties, and judgment to enforce the decision may be entered by any court of competent jurisdiction.

18.4 Class Action Waiver.

UNLESS YOU SUBMIT A VALID ARBITRATION/CLASS ACTION WAIVER OPT-OUT NOTICE (AS DESCRIBED IN SECTION 18.5), YOU AND COMPANY AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WHETHER IN ARBITRATION OR IN COURT WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. You and Company expressly agree that any Claim is personal to you and Company, shall only be resolved by an individual arbitration (or individual court proceedings with respect to Claims excluded from mandatory arbitration as described in Section 18.1 of this Agreement), and shall in no event be brought as a class arbitration, a class action, or any other representative proceeding. The arbitrator (or court if the Claim is excluded from mandatory arbitration as described in Section 18.1 of this Agreement) may only conduct an individual arbitration (or court action if the Claim is excluded from mandatory arbitration as described in Section 18.1 of this Agreement), and may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding. If a court or arbitrator determines that this class action waiver is unenforceable in an action between you and Company, then this Agreement to arbitrate will be unenforceable. Neither you nor Company consent to class arbitration.

18.5 Right to Opt Out of Mandatory Arbitration and Class Action Waiver.

IF YOU DO NOT WISH TO BE BOUND BY THE MANDATORY ARBITRATION AND CLASS ACTION WAIVER PROVISIONS IN SECTIONS 18.1, 18.3 AND 18.4, YOU MUST NOTIFY COMPANY IN WRITING (THE "Arbitration/Class Action Waiver Opt-Out Notice"), WHERE THE ARBITRATION/CLASS ACTION WAIVER OPT-OUT NOTICE MEETS ALL OF THE FOLLOWING REQUIREMENTS:

18.5.1 Sent by first class mail, postage prepaid, certified and return receipt requested or sent by overnight courier service (such as Federal Express) Company Name at Company Address, Attention: Legal

18.5.2 Postmarked (if sent by first class mail) or deposited with the overnight courier service no later than (A), if you register as a new registered user of the Site on or after 2/9/2016 ("Agreement to Arbitrate Date"), 45 days after the date you accept this Agreement for the first time, unless an earlier deadline in Section 18.5.2(C) applies, (B), if you are already a registered user of the Site before the Agreement to Arbitrate Date, 45 days after the earlier of either (I) your first log in to the Site on or after the Agreement to Arbitrate Date or (II) the date which email notice of the Agreement containing this Section 18, if any, was sent to the email address associated with your user registration, unless an earlier deadline in Section 18.5.2(C) applies or (C) for all other users of the Site, 45 days after you accept this Agreement for the first time on or after the Agreement to Arbitrate Date, unless a longer period is required by applicable law.

Time Periods Applicable to Users of Multiple Company Websites, Applications or Other Interactive Services. If you are or become a user of more than one Company website, application or other interactive service, you must provide the Arbitration/Class Action Waiver Opt-Out Notice within the earliest deadline applicable for any Company website, application or other interactive service for which you are or become a user (for example, if the Agreement to Arbitrate Date is August 1 and if you are a pre-existing registered user of a Company website prior to August 1 who logins on August 1 and registers as a new registered user of another Company website on August 15, you must provide the Arbitration/Class Action Waiver Opt-Out Notice by September 15 (45 days after August 1 and not 45 days after August 15)).

18.5.3 Includes your first and last name, address, phone number, email address and, if applicable, your username if you are a registered user of the Company website(s), application(s) or other interactive services(s) along with an identification of the Company website(s), application(s) or other interactive services(s) for each such username. We shall use the foregoing information included in the Arbitration/Class Action Waiver Opt-Out Notice to record, process, maintain and administer your opt-out of the mandatory arbitration and class action waiver provisions and not for marketing purposes.

18.5.4 Includes a statement that you do not agree to the mandatory arbitration and class action waiver.

If the Arbitration/Class Action Waiver Opt-Out Notice meets all of the above requirements, you will be deemed to have opted out of the mandatory arbitration and class action waiver provisions in Section 18.1, Section 18.3 and Section 18.4 with respect to all Company websites, applications or other interactive services. Note that a valid Arbitration/Class Action Waiver Opt-Out Notice applies only to the individual identified in such notice as opting out.

If the Arbitration/Class Action Waiver Opt-Out Notice does not meet all of the above requirements, you will not be deemed to have opted out of the mandatory arbitration and class action waiver provisions in Section 18.1,Section 18.3 and Section 18.4.

19. GOVERNING LAW, JURISDICTION, VENUE AND JURY TRIAL WAIVER.

With the exception of the provision above that the enforceability of Section 18 is governed both procedurally and substantively by the FAA, this Agreement and your use of the Site is otherwise governed by, construed and enforced in accordance with the laws of the State of California (without regard to that state's conflict of laws rules).

You or Company shall initiate arbitration in the United States county or territory in which you reside or, if you do not reside in the United States or one of its territories, in the non-United States country in which you reside; provided, however, that (a) Company may request to transfer the arbitration to Los Angeles County, California, (b)(i) if you agree to such request, the arbitration shall be transferred to Los Angeles County, California or (ii) if you do not agree to such request, Company shall have right to request that the arbitrator determine the location in which the arbitration shall be held. You and Company agree that any Claim that is allowed to proceed in court as set forth in Section 18.1 of this Agreement (including, but not limited to, as a result of your submission of a valid Arbitration/Class Action Waiver Opt-Out Notice), or otherwise proceeds in court in the event the agreement to arbitrate above is found not to apply to you or a particular Claim as a result of a decision by the arbitrator or a court order, is subject to exclusive jurisdiction and venue in the State or Federal Courts situated in Los Angeles County, California.

To the extent it may be applicable, you and Company agree to opt out from and expressly exclude any applicability of the Uniform Computer Information Transactions Act. If any Claim proceeds in court rather than in arbitration, YOU AND COMPANY WAIVE ANY RIGHT TO A JURY TRIAL.

20. MISCELLANEOUS TERMS.

NOTICE

Company may furnish you with notices, including those with regards to any changes to the Agreement, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our Site, or other reasonable means currently known or any which may be herein after developed. Any such notices may not be received if you violate any aspects of the Agreement by accessing our Site in an unauthorized manner. Your acceptance of this Agreement constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our Site in an authorized manner.

ENTIRE AGREEMENT

This Agreement, together with any Additional Terms, our Privacy Policy and any other regulations, procedures and policies which we refer to and which are hereby incorporated by reference, contains the entire understanding and agreement between you and the Site and supersedes any and all prior or inconsistent understandings relating to the Site and your use of the Site. This Agreement cannot be changed or terminated orally and may not be modified except as described in this Agreement.

NO RIGHT OF SURVIVORSHIP; NON-TRANSFERABILITY

You acknowledge, understand and agree that your account is non-transferable and any rights to your ID and/or contents within your account shall terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.

THIRD PARTY BENEFICIARIES

You herein acknowledge, understand and agree, unless otherwise expressly provided in this Agreement, that there shall be third-party beneficiaries to this agreement.

SEVERABILITY; STATUTE OF LIMITATIONS

If any provision of this Agreement is held to be illegal, invalid or unenforceable, this will not affect any other provisions and the Agreement will be deemed amended to the extent necessary to make it legal, valid and enforceable. Any provision which must survive in order to allow us to enforce its meaning shall survive the termination of this Agreement; however, no action relating to this Agreement or your use of the Site, regardless of form or the basis of the claim, may be brought by you more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose).

NO WAIVER

At any time, should Company fail to exercise or enforce any right or provision of this Agreement, such failure shall not constitute a waiver of such right or provision.

INTERPRETATION

The section titles in this Agreement are for convenience only and do not have any legal effect.