Terms of Service
Last updated: June 30, 2015
Welcome to Dance Like Uma, the channel situated within the mobile applications, websites, and other products or services of Fanbreaks, LLC. and our affiliates (“Fanbreaks”, “we” or “us”) or the services, features, or functionality jointly offered with other companies through our mobile applications or websites (collectively, the “Service”). The Service is a fun way for you to watch and share in pop culture moments and themed experiences through our content platform. Through our platform, we take short video clips that were created and uploaded by you, your friends and others, then aggregate them to create video mashups over a bed of music, which you can share with others.
Please read these Terms of Service (“Terms”) carefully. By downloading, accessing, or using the Service, you agree to be bound by these Terms. These Terms affect your legal rights and obligations, so if you do not agree to these Terms, do not use the Service.
In the event you use a service, feature, or functionality that is operated by a third party and made available through our Service (including services we jointly offer with the third party), each party’s terms will govern as to the respective party’s relationship with you. In these instances, we will take steps to make the third party’s terms available to you before you begin to use the applicable service, feature, or functionality.
Fanbreaks does not transmit any funds and is not a money-services business. To the extent such functionality is made available in the Service, it is provided by an unaffiliated third party, and like any other third-party service, subject to their terms of service.
ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION CLAUSE BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND FANBREAKS WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
Welcome to Fanbreaks
Although these Terms form a proper legal contract—and inevitably read like a proper legal contract—the bulk of them are simply designed to ensure our users have fun. These Terms let us provide and continue to improve our Service, while at the same time ensuring that a few mean users don’t ruin the fun for everyone else. Your part in that is simple. Just use common sense: Keep sending awesome Snaps to your friends, and please don’t send Snaps that they don’t want to receive.
Use of the Service is void where prohibited. Fanbreaks is intended for users who are at least 13 years old, and, where users are younger than the age of Majority, who have the express consent of their parents or legal guardians. Persons under the age of 13 are prohibited from creating accounts on the Service. For certain features or functionality offered by us or others through the Service, users must be at least 18 years old (or older in some jurisdictions, if the age of Majority is older than 18). Those features and functionalities may be subject to separate terms from us or third parties that contain these further age requirements. If you are under 18 and use those features and functionalities, you may be violating the third party’s governing terms, which we deem a violation of these Terms as well.
You affirm that you are either at least 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and by agreeing to these Terms or by using the Service, you represent and warrant that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. In addition, you affirm that you have not been previously suspended or removed from the Service and do not have more than one Fanbreaks account.
We may, in our sole discretion, refuse to offer the Service to any person or entity. We may, without notice and in our sole discretion, terminate your right to use the Service, or any portion thereof, and block or prevent your future access to and use of the Service or any portion thereof, without liability.
These Terms, and any posted revision to these Terms, shall remain in full force and effect while you use the Service. You may terminate your account at any time, for any reason, by following the instructions on the Service. We may terminate your account at any time, for any or no reason, with or without prior notice or explanation, and without liability. Upon such termination, you must immediately discontinue use of the Service, and we shall in no way be responsible to you for such termination. Even after your account is terminated, these Terms will remain in effect.
The Service consists of interactive features and areas that allow users to create, post, transmit, and/or store content, including but not limited to photos, videos, text, graphics, items, or other materials (collectively, “User Content”). You understand that you are responsible for all data charges you incur by using the Service. You also understand that your User Content may be viewable by others and that you have the ability to control who can access such User Content by adjusting your privacy settings. And you agree to abide by our Community Guidelines, which may be updated from time to time.
You agree that you are solely responsible for your User Content and any claims arising therefrom, and that Fanbreaks is not responsible or liable for any User Content or claims arising therefrom. While we are not obligated to do so, we reserve the right, and have absolute discretion, to review, screen, and delete User Content at any time and for any reason.
You retain all ownership rights in your User Content. However, by submitting User Content to Fanbreaks, you hereby grant us an irrevocable, nonexclusive, worldwide, perpetual, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, edit, publish, create derivative works from, distribute, perform, promote, exhibit, and display such User Content in any and all media or distribution methods, now known or later developed (the “User Content License”), subject to any privacy settings you have set to control who can see your User Content. Without limiting the foregoing, when you submit User Content to Fanbreaks in connection with Our Stories and other crowd-sourced Stories, you agree that the User Content License accords Fanbreaks the right to sublicense such User Content to other companies, organizations, or individuals in connection with the syndication, broadcast, distribution, promotion, or publication of Our Stories and other crowd-sourced Stories in any and all media or distribution methods, now known or later developed. No use of User Content, including without limitation, Our Stories and other crowd-sourced Stories, in accordance with the User Content License shall entitle you to any compensation from Fanbreaks, or any other companies, organizations, or individuals.
You represent and warrant that: (i) you own the User Content submitted by you on or through the Service or otherwise have the right to grant the license set forth in this section, and (ii) submission of User Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of any User Content submitted by you on or through the Service.
The Service performs technical functions necessary to offer the Service, including but not limited to transcoding and/or reformatting content to allow its use throughout the Service.
The following are examples of the kind of content that is illegal or prohibited to submit to the Service. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including without limitation, removing the offending content from the Service and terminating the account of such violators. Prohibited content includes, but is not limited to, content that, in the sole discretion of Fanbreaks:
• is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
• harasses or advocates harassment of another person;
• exploits people in a sexual or violent manner;
• contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website;
• solicits personal information;
• publicly posts information that poses or creates a privacy or security risk to any person;
• constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
• constitutes or promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;
• involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
• contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
• furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
• solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
• involves commercial activities and/or sales without prior written consent from Company such as contests, sweepstakes, barter, advertising, or pyramid schemes; or
• violates the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person.
You agree that any feedback, suggestions, ideas, or other information or materials regarding Fanbreaks or the Service that you provide, whether by email or otherwise (“Feedback”), are non-confidential and shall become the sole property of Fanbreaks. We will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledging or compensating you. You waive any rights you may have to the Feedback (including any copyrights or moral rights). We like hearing from users, but please do not share your ideas with us if you expect to be paid or want to continue to own or claim rights in them.
Unless otherwise stated, all materials contained on or within the Service, including, but not limited to, text, graphics, images, code, illustrations, designs, icons, photographs, audio and video clips, and written and other materials (collectively, “Fanbreaks Content”), as well as their selection and arrangement, are protected by copyright, trademark, trade dress, patent, and/or other intellectual property laws. Unauthorized use of Fanbreaks Content may violate such laws and these Terms. Except as expressly provided in these Terms, Fanbreaks does not grant any express or implied rights to use Fanbreaks Content. You agree that you will not copy, reproduce, republish, frame, download, transmit, modify, display, reverse engineer, sell, or participate in any sale of, rent, lease, loan, assign, distribute, license, sublicense, or exploit in any way, in whole or in part, Fanbreaks Content, the Service, or any related software, except as expressly stated in these Terms.
You are hereby granted a limited, nonexclusive, non-sublicensable license to access and use the Service and Fanbreaks Content. This license is revocable at any time. This license is subject to these Terms and does not include:
• The distribution, public performance, or public display of Fanbreaks Content;
• Modifying or otherwise making any derivative uses of the Service or Fanbreaks Content, or any portion thereof;
• Use of any scraping, data mining, robots, or similar data gathering or extraction methods;
• Downloading (other than page caching) any portion of the Service, Fanbreaks Content, or any information contained therein, except as expressly permitted on the Service;
• Accessing the Fanbreaks API with an unauthorized or third-party client; and
• Any use of the Service or Fanbreaks Content other than for their intended purposes.
• Any use of the Service or Fanbreaks Content other than as specifically authorized in these Terms, without the prior written permission of Fanbreaks, is strictly prohibited and will terminate the license to use Fanbreaks granted in these Terms.
In addition to the other restrictions outlined in these Terms, you agree that you will not:
• Use the Service for any purpose that is illegal, beyond the scope of their intended use, or otherwise prohibited in these Terms or the terms of any third party that govern a particular service;
• Use the Service in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Service, or that could damage, disable, overburden, or impair the functioning of the Service in any manner;
• Compromise the security of the Service;
• Send any unsolicited or unauthorized advertising, spam, solicitations, or promotional materials;
• Use any robot, spider, crawler, scraper, or other automated means or interface not provided by us to access the Service or to extract data;
• Reverse engineer any aspect of the Service or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area, content, or code of the Service;
• Use or attempt to use another user’s account without authorization;
• Attempt to circumvent any content-filtering techniques we employ, or attempt to access areas or features of the Service that you are not authorized to access;
• Attempt to indicate in any manner that you have a relationship with us or that we have endorsed you or any products or services without our express written consent to do so;
• Engage in any harassing, intimidating, predatory, or stalking conduct;
• Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
• Violate the publicity, privacy, or data-protection rights of others, including by taking pictures of another individual without receiving that individual’s consent;
• Infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party;
• Buy, sell, rent, lease, or otherwise offer in exchange for any compensation, access to your Fanbreaks account, Stories, Snaps, a Fanbreaks username, or a friend link without Fanbreaks’s prior written consent;
• Develop any third-party applications that interact with User Content or the Service without our prior written consent;
• Advertise to, or solicitation of, any user, without the written consent of Fanbreaks to buy or sell any products or services through the unauthorized or impermissible use of the Service;
• covering or obscuring the banner advertisements on any page on the Website via HTML/CSS or any other means;
• Any automated use of the system, such as, but not limited to, using scripts to submit information or send comments or messages; or
• Accept payment or anything of value from a third person in exchange for your performing any commercial activity through the unauthorized or impermissible use of the Website on behalf of that person.
You further agree to abide by any third-party terms that apply to the Service or when posting reviews of Fanbreaks, including the iTunes App Store Terms of Service or the Android Market Terms of Service. Posting Fanbreaks usernames in app store reviews is strictly prohibited and may result in us deleting your Fanbreaks account.
After creating a Fanbreaks account, you accept all responsibility for any activity that occurs while logged into your account. You are responsible for making sure that you keep your password secure and safe. You agree that you will not share your password with others or do anything that might jeopardize the security of your account, including sharing your password with or logging in through unauthorized third-party applications or clients that attempt to access the Fanbreaks API. If you use any such application or client, you acknowledge and agree that Fanbreaks will bear no responsibility for any actions taken by those applications or clients, such as any breach of or unauthorized use of your account information or messages.
When you first create a Fanbreaks account, we do not ask for your mobile number to verify your account.
Modifications to the Service
We reserve the right to modify or discontinue, temporarily or permanently, the Service or any features or portions thereof without prior notice. You agree that we will not be liable for any modification, suspension, or discontinuance of the Service or any part thereof.
Fanbreaks respects the intellectual property rights of others. In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws, we strive to expeditiously remove any infringing material from our site. If Fanbreaks becomes aware that one of its users is a repeat copyright infringer, it is our policy to take reasonable steps within our power to terminate the user’s account. All users should be aware of and comply with applicable copyright laws.
If you believe that anything on the Service infringes any copyright that you own or control, you may file a notice of such infringement with our designated agent:
Attn: Copyright Agent
130 Jane Street
NY NY 10014
To be effective, any takedown notice submitted to our Copyright Agent must comply with the requirements set forth at 17 U.S.C. § 512(c)(3). That means that the notice must include substantially the following:
I. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
II. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
III. 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 Fanbreaks to locate the material.
IV. 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 Fanbreaks to locate the material.
V. 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.
VI. 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.
The provider of removed content may make a counter notification pursuant to sections 512(g)(2) and (3) of the DMCA. When we receive a counter notification, we will reinstate the removed content. Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is not infringing the copyrights of others.
To file a counter notification, you must provide us with a written notice that includes each of the following items:
I. Detailed identification of the material Fanbreaks has removed.
II. Your name, address, telephone number, e-mail address, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or New York, New York if your address is outside of the United States), and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
III. The statement: "I swear, under penalty of perjury, that I have a good faith belief that each search result or message identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."
IV. Your signature.
Send the counter notification to the following address:
Attn: Copyright Agent
130 Jane Street
NY NY 10014
Foreign Counter-Notification: If you reside outside of the United States, please understand that filing a counter-notice may lead to legal proceedings between you and the complaining party to determine ownership. Be aware that there may be adverse legal consequences in your country and/or the United States of America if you make a false or bad faith allegation by using this process. Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of access privileges for users who are infringers. So, if you are not sure whether content you posted on the Service is being infringed, or are otherwise unsure of whether to file a counter-notification using these procedures, we strongly recommend you first contact a lawyer knowledgeable in the laws of the United States and the State of New York. If you do wish to file a counter-notice, you should follow the process set forth above.
If you are the owner of any intellectual property other than copyrighted materials (such as, for example, a trademark), or an agent thereof, and believe that any item of content or other materials on the Service infringes upon your rights in such intellectually property, you must submit a notification to us in the same manner as provided above in respect of notice of alleged copyright infringement, including providing the same information in writing to the designated agent set forth above.
DISCLAIMER: WE ARE NOT YOUR ATTORNEYS, AND THE INFORMATION WE PRESENT HERE IS NOT LEGAL ADVICE. WE PRESENT THIS INFORMATION FOR INFORMATIONAL PURPOSES ONLY.
THE SERVICES AND THE FANBREAKS CONTENT ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, WHILE FANBREAKS ATTEMPTS TO PROVIDE A GOOD USER EXPERIENCE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE SERVICE WILL ALWAYS BE SECURE OR ERROR-FREE OR THAT THE SERVICE WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS. WE ARE NOT RESPONSIBLE FOR ANY INJURY OR DAMAGE TO ANY COMPUTER EQUIPMENT BELONGING TO ANY USER OF THE SERVICE OR ANY OTHER PERSON RELATED TO OR RESULTING FROM USE OF THE SERVICE, VIEWING, PLAYING OR DOWNLOADING ANY MATERIALS ON OR FROM THE SERVICE. WE CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR FROM OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
WE ARE NOT RESPONSIBLE FOR ANY USER CONTENT OR ANY OTHER THIRD PARTY CONTENT SUBMITTED TO THE SERVICE, WHETHER MADE OR CAUSED BY USERS OR BY ANY OF THE SOFTWARE, EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE OPERATION OF THE SERVICE.
WE ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICE. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY LOSS, LIABILITY OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH OR PROPERTY DAMAGE, RESULTING FROM OR ARISING OUT OF ANYONE'S USE OF THE SERVICE, ANY CONTENT SUBMITTED TO THE SERVICE OR TRANSMITTED TO USERS OR ANY INTERACTIONS BETWEEN OR AMONG USERS OF THE SERVICE, WHETHER ONLINE OR OFFLINE.
Note to International Users
The Service are hosted in the United States. If you are a user accessing the Service from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure that differ from United States laws, please be advised that through your continued use of the Service, which are governed by U.S. law, you are transferring your personal information to the United States and you consent to that transfer.
By agreeing to these Terms you agree to indemnify, defend, and hold harmless Fanbreaks, our managing members, shareholders, employees, affiliates, licensors, and suppliers (the “Fanbreaks Parties”) from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to (a) your access to or use of the Service; (b) any User Content you post, upload, use, distribute, store, or otherwise transmit through the Service; (c) your violation of these Terms; (d) your violation of the rights of another, including without limitation, any intellectual property right, publicity, confidentiality, privacy, or propriety right; or (e) your violation of any statutes, codes, ordinances, laws, rules, regulations, including without limitation, all regulatory, administrative, and legislative authorities.
2) Limitation of Liability
Except where prohibited by law, in no event will Fanbreaks or the Fanbreaks Parties be liable for any indirect, special, punitive, incidental, exemplary, or consequential damages that result from (a) the use of, or inability to use, the Service; (b) the provision of the Service or any materials available therein; or (c) the conduct of other users of the Service, even if Fanbreaks has been advised of the possibility of such damages. You assume total responsibility for your use of the Service. Your only remedy against Fanbreaks for dissatisfaction with the Service or any content is to stop using the Service. If, notwithstanding these Terms, Fanbreaks is found liable to you for any damage or loss that arises out of or is in any way connected with your use of the Service or any content, Fanbreaks’s liability shall in no event exceed $1.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.
3) Arbitration Agreement; Class Waiver; Waiver of Trial by Jury.
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH FANBREAKS, AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
a. Applicability of Arbitration Agreement. All claims and disputes in connection with the Terms or the use of any product or service provided by Fanbreaks that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms set forth below (the “Arbitration Agreement”), except that you and Fanbreaks are not required to arbitrate any dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. This Arbitration Agreement applies to you and Fanbreaks, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.
b. Arbitration Rules. The Federal Arbitration Act governs the interpretation and enforcement of this dispute-resolution provision. Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of this arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules conflict with the Terms (“Arbitration Rules”). The AAA Consumer Arbitration Rules governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than ten thousand U.S. dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is ten thousand U.S. dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
c. Additional Rules for Non-appearance Based Arbitration. If non-appearance arbitration is elected as provided above, the arbitration shall be conducted by telephone, online, and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties.
d. Authority of the Arbitrator. The arbitrator will decide the rights and liabilities, if any, of you and Fanbreaks, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Fanbreaks.
e. Waiver of Jury Trial. YOU AND FANBREAKS HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and Fanbreaks in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND FANBREAKS WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
f. Waiver of Class or Consolidated Actions ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. Notwithstanding any other provision in these Terms, in the event that this subparagraph is deemed invalid or unenforceable, neither you nor we are entitled to arbitration and instead all claims and disputes shall be resolved in a court located in New York County, New York.
g. Confidentiality. No part of the procedures shall be open to the public or the media. All evidence discovered or submitted at the hearing is confidential and may not be disclosed, except by written agreement of the parties, pursuant to court order or unless required by law. Notwithstanding the foregoing, no party shall be prevented from submitting to a court of law any information necessary to enforce this Arbitration Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
h. Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.
i. Small Claims Court. Notwithstanding the foregoing, either you or Fanbreaks may bring an individual action in small claims court.
j. Courts.In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located in New York County, New York, for such purpose.
k. Survival. This Arbitration Agreement will survive the termination of your relationship with Fanbreaks.
4) Forum and Venue A lawsuit, if any, by you or Fanbreaks against the other will occur in state or federal court in New York County, New York. You and Fanbreaks agree that the jurisdiction and venue of these courts is exclusive.
Any dispute between you and Fanbreaks will be governed by these Terms and the laws of the State of New York and applicable United States law, without giving effect to any conflict-of-laws principles that may provide for the application of the law of another jurisdiction.
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and us or between us and any other user of the Service.
These Terms supersede all prior understandings regarding the same and represent the complete agreement between you and Fanbreaks. These Terms do no create or confer any third-party beneficiary rights. We may change or modify these Terms at any time and in our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as by sending a notification, posting a notice on the Service, or updating the “Last Updated” date above. Your continued use of the Service will confirm your acceptance of the revised Terms. You agree that we shall not be liable to you for any delay or other damages that might result from any changes to the Terms, if any. We encourage you to frequently review the Terms to ensure you understand the terms and conditions that apply to your use of the Service. If you do not agree to the amended Terms, you must stop using the Service and delete your Fanbreaks account.
Questions and Comments
Fanbreaks welcomes comments, questions, concerns, or suggestions. Please send feedback to us at firstname.lastname@example.org