If you do not agree with any changes to these Terms, then your sole remedy is not to use the Services. If you continue to use the Services after we change these Terms, then you accept all changes. If we do not resolve the Claim through informal negotiation, then the Claim will be resolved through either binding arbitration or an individual action in small claims court in the U. If neither of us chooses to resolve the Claim in small claims court, or the small claims court determines that it lacks jurisdiction to resolve the Claim, then the Claim must be resolved solely and exclusively by binding arbitration.
Class arbitrations and class actions are not permitted under any circumstances. You and we agree that the U. Federal Arbitration Act governs the interpretation and enforcement of this provision, and we each agree to waive the right to a trial by jury or to participate in a class action or class arbitration.
This Section 2 will survive the termination of these Terms or any subscription that you may have to any of the Services. If we and you do not then resolve the Claim within 30 days after you receive a Notice of Receipt of the Claim, then either you or we may commence an arbitration or file a small claims court action to resolve the Claim.
You and we agree that, under JAMS Comprehensive Rule 6 e , any arbitration commenced by you or by us will be consolidated with any other arbitration s submitted to JAMS if and only if the arbitrations: a involve the same legal claims or causes of action; b involve common issues of fact and law; c were filed by the same attorney s or law firm; and d are at a similar procedural stage.
However, class or representative arbitrations are not permitted under any circumstances. Additional terms may apply to your use of certain Services. We will provide these terms to you or post them on the applicable Services, and then they are incorporated by reference into these Terms.
If there is a conflict between these Terms and any additional terms that apply to a particular Service, the additional terms will control.
Sweepstakes, contests, and promotions on the Services may also have additional rules and eligibility requirements, such as certain age or geographic area restrictions. You are responsible for complying with these rules and requirements. If we request registration information from you to set up a user account, you must provide us with accurate and complete information and must update the information when it changes. You may not access any age-restricted Services unless you are above the required age.
You are responsible for maintaining the confidentiality of your user account login names and passwords, and must not permit use of your account by anyone other than members of your household. You accept responsibility for all activities, charges, and damages that occur under your account, including use of your account by other members of your household, and unauthorized use of your account.
If you have reason to believe that someone is using your account without your permission, please contact us immediately. We are not responsible for any loss or damage resulting from unauthorized use. You must comply with all such laws and applicable copyright, trademark, or other legal notices or restrictions. You shall not remove or alter any copyright, trademark, or other legal notices marked on the Content. No transfer of ownership to any portion of the Content will be made as a result of any access you are granted.
Except as specifically provided below, we reserve all rights to the Services and Content. You are only permitted to access and view the Content for personal, non-commercial purposes in accordance with these Terms, and may not build a business or other enterprise using any of the Content, whether for profit or not.
Except as provided in Section 5 a or otherwise expressly authorized by us in writing, you may not either directly or through the use of any software, device, internet site, web-based service or other means download, stream capture, store in a database, archive or otherwise copy any part of the Services or Content; upload, sell, rent, lease, lend, broadcast, transmit or otherwise disseminate, distribute, display or perform any part of the Services or Content; license or sublicense any part of the Services or Content; or in any way exploit any part of the Services or Content.
In addition, except as provided in Section 5 a or otherwise expressly authorized by us in writing, you are strictly prohibited from modifying Content; creating, distributing or advertising an index of any significant portion of the Content; or otherwise creating derivative works or materials that otherwise are derived from or based in any way on the Content, including mash-ups and similar videos, montages, translations, desktop themes, fonts, icons, wallpaper, greeting cards, and merchandise.
This prohibition from creating derivative works is applicable even if you intend to give away the derivative material free of charge. This restriction includes, without limitation, disabling, modifying, reverse engineering, interfering with or otherwise circumventing the Video Player in any manner that enables users to view Content without: i visibly displaying both the Video Player and all surrounding elements including the graphical user interface, any advertising, copyright notices, and trademarks of the webpage where the Video Player is located; and ii having full access to all functionality of the Video Player, including, without limitation, all video quality and display functionality and all interactive, elective, or click-through advertising functionality.
We may expressly authorize you to redistribute certain Content on a personal, non-commercial basis. We will identify the Content that you are authorized to redistribute and describe ways you may redistribute it such as via email, social media posts, blogs, or embedded players, or by producing mash-ups. We may revoke this authorization at any time. If you redistribute such Content, you must be able to edit or delete such publicly posted Content and you must edit or delete it promptly upon our request.
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