Terms of Service
Effective Date: These Terms of Service were last updated on May 22, 2020.
PLEASE READ THE TERMS OF THIS AGREEMENT CAREFULLY BEFORE USING OR ACCESSING THE SERVICES. THE AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE SERVICES AND INCLUDES GRANTS OF RIGHTS, LIMITATIONS ON OUR LIABILITY AND, FOR CERTAIN USERS, AN AGREEMENT TO ARBITRATE DISPUTES AND YOU WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT AND WAIVE JURY TRIAL.
Welcome! These Terms govern the website www.participantmedia.com, www.participant.com, www.soulpancake.com, including your use of interactive features, widgets, plug-ins, applications, content, downloads and/or other online services that we own and control and that post a link to these Terms (collectively, the “Services”), which are made available by Participant Media, LLC (“Company”, “we” “our” or “us”).
IF YOU WANT TO USE THE SERVICES,
then carefully read these entire Terms (including all links to details), as they constitute a written agreement between you and us and they affect your legal rights and obligations. Each time you access and/or use the Services (other than to simply read these Terms), you agree to be bound by and comply with these Terms and any Additional Terms (defined below) then posted. Therefore, do not use the Services if you do not agree.
2. Services Eligibility
You must be at least thirteen (13) years of age or older in order to use our Services. If you are under the age of thirteen (13), please do not access our Services in any way. If you believe a user under the age of thirteen (13) is using our Services, please contact us via our ‘Contact Us’ page.
3. General Terms
You should assume that everything you see or read on our Services and/or within the Services is protected by copyright unless otherwise stated and may only be used according to these Terms. Company does not warrant or represent that your use of materials displayed on the Services will not infringe or otherwise violate the rights of third parties not owned by or affiliated with Company. Images are either the property of, or used with permission by Company. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
Company uses reasonable efforts to include accurate and up-to-date information on the Services. However, we give no warranties or representations as to the accuracy of the information. Company assumes no liability or responsibility for any errors or omissions in the contents of the Services.
Furthermore, your use of and browsing of the Services is at your own risk. Neither Company nor any other party involved in creating, producing or delivering the Services is liable for any direct, indirect, incidental, consequential or punitive damages arising out of your access to, or use of, the Services. Without limiting the foregoing, everything on the Services is provided to you “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some the jurisdictions may not allow the exclusion of implied warranties, so some of above exclusions may not apply to you. The Company assumes no responsibility and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Services or your downloading of any materials, data, text, images, video, or audio from the Services.
Any communication or material you transmit to the Services by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by Company or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and posting. You are solely responsible for your interaction with other users of the Services, whether online or offline. We are not responsible or liable for the conduct or content of any user. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment in your interactions with others (e.g., when you submit any personal or other information) and in all of your other online activities.
The trademarks, and logos, displayed on the Services are trademarks of the Company, and cannot be used or reused by any other party without the written permission of Company.
These Terms (or if applicable Additional Terms), in the form posted at the time of your use of the applicable services to which it applies, shall govern such use (including transactions entered during such use). AS OUR SERVICES EVOLVE, THE TERMS AND CONDITIONS UNDER WHICH WE OFFER THE SERVICES MAY PROSPECTIVELY BE MODIFIED AND WE MAY CEASE OFFERING THE SERVICES UNDER THE TERMS OR ADDITIONAL TERMS FOR WHICH THEY WERE PREVIOUSLY OFFERED. ACCORDINGLY, EACH TIME YOU SIGN IN TO OR OTHERWISE USE THE SERVICES YOU ARE ENTERING INTO A NEW AGREEMENT WITH US ON THE THEN APPLICABLE TERMS AND CONDITIONS AND YOU AGREE THAT WE MAY NOTIFY YOU OF OTHER TERMS BY POSTING THEM ON THE SERVICES (OR IN ANY OTHER REASONABLE MANNER OF NOTICE WHICH WE ELECT), AND THAT YOUR USE OF THE SERVICES AFTER SUCH NOTICE CONSTITUTES YOUR GOING FORWARD AGREEMENT TO THE OTHER TERMS FOR YOUR NEW USE AND TRANSACTIONS. Therefore, you should review the posted terms of service and any applicable Additional Terms each time you use the Services (at least prior to each transaction or submission). The Additional Terms will be effective as to new use and transactions as of the time that we post them, or such later date as may be specified in them or in other notice to you. However, the Terms (and any applicable Additional Terms) that applied when you previously used the Services will continue to apply to such prior use (i.e., changes and additions are prospective only) unless mutually agreed. In the event any notice to you of new, revised or additional terms is determined by a tribunal to be insufficient, the prior agreement shall continue until sufficient notice to establish a new agreement occurs. You should frequently check the home page and the email you associated with your account for notices, and you agree that the means set forth in these Terms are all reasonable manners of providing you with notice. You can reject any new, revised or Additional Terms by discontinuing use of the Services.
4. Notices and Messages
You agree that we may provide notices to you in the following ways: (ii) a banner notice on the Services, (ii) an email sent to an address you provided, or (iii) through other means including social media, mobile number, telephone, or mail or in another reasonable manner that we may elect. You agree to keep your contact information up to date.
5. Rules of Conduct
If you do or engage in any of the following in connection with the Services, it is a violation of our Terms and against the spirit of Company:
- Upload or in any way share content that is obscene or pornographic, contains any nudity, is sexually explicit or depicts graphic violence.
- Upload or in any way share content that discriminates against or that promotes hatred and/or violence towards individuals or groups based on real or perceived is considered hate speech and is prohibited on our platform, for example:
- Race or ethnic origin
- Disability or medical conditions (such as HIV + status, depression, obesity)
- Sexual orientation or gender identity
- National Origin
- Transmit, promote, or distribute content that is illegal.
- In anyway produce and disseminate spam, or do anything else within the Services that is harmful or otherwise against the general social purposes or enjoyment of the Services.
- Use abusive, offensive, or defamatory information anywhere on the Services.
- Impersonate another person (including celebrities), indicate falsely that you are a Company employee or a representative of the Company, or any attempt to mislead users by falsely representing the Company.
- Attempt to get a password, account information, or other private information from anyone else on the Services.
- Promote, encourage or engage in any activity involving hacking, phishing, distribution of counterfeit software and/or virtual currency/items.
- Upload files that contain a virus, worm, spyware, time bombs, corrupted data or other computer programs that may damage, interfere with or disrupt the Services.
- Improperly use customer support contacts or make false reports to Company’s staff.
- Modify or attempt to modify any file or any other part of the Services that Company does not specifically authorize you to modify.
- Attempt to interfere with, hack into or decipher any transmissions to or from the servers for the Services.
- Interfere with the ability of others to enjoy participating in the Services.
- Sell, buy, trade or otherwise transfer any personal access to the Services, Content (defined below) or entitlements, including by use of auction websites.
- Conduct any activities that violate the laws of any jurisdiction, including, but not limited to, copyright infringement, trademark infringement, defamation, invasion of privacy, identity theft, hacking, stalking, fraud and the distribution of counterfeit software.
You must also obey all federal laws, state laws and regulations and rules that apply to your activities when you use the Services. Company reserves the right to terminate your Account and to prevent your use of any and all of our Services if your Account is used to engage in illegal activity or to violate this Terms, or for any reason at the company’s sole discretion.
There is no requirement or expectation that Company will monitor or record any online activity on the Services, including communications. However, Company reserves the right to access and/or record any online activity on the Services and you give Company your express consent to access and record your activities. Company reserves the right to remove any content from any Services at Company’s sole discretion. Company has no liability for your or any third party’s violation of these Terms.
If you encounter another user who is violating any of the rules of conduct within this Terms, please report this activity to Company by contacting the company via our Contact Us page.
6. Copyrights, Trademarks, Patents and Intellectual Property Rights
The Services contain a variety of: (i) materials and other items relating to Company, and its films, and similar items from our licensors and other third parties, including all layout, information, articles, posts, text, data, files, images, scripts, designs, graphics, button icons, instructions, illustrations, photographs, audio clips, music, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, the “look and feel” of the Services, and the compilation, assembly, and arrangement of the materials of the Services and any and all copyrightable material (including source and object code); (ii) trademarks, trade dress, logos, trade names, service marks, and/or trade identities of various parties, including those of Company; and (iii) other forms of intellectual property (all of the foregoing, collectively “Content”).
You acknowledge that Content contained on the Services and within Company email messages, and third party advertisements on the Services and distributed via email, of a commercial nature and presented to you by Company and the Services, are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You are permitted to use Content or third party content only as expressly authorized by Company or the third party. Subject to your strict compliance with these Terms and any Additional Terms, Company grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to: (i) download (temporary storage only), display, view, use, play, and/or print one copy of the Content (excluding source and object code in raw form or otherwise, other than as made available to access and use to enable display and functionality) on a personal computer, mobile phone or other wireless device, or other Internet enabled device for your personal, non-commercial use only. The foregoing limited license: (i) does not give you any ownership of, or any other intellectual property interest in, any Content, and (ii) may be immediately suspended or terminated for any reason, in Company’s sole discretion, and without advance notice or liability. In some instances, we may permit you to have greater access to and use of Content, subject to certain Additional Terms.
You may visit our Services for non-commercial, personal use only, provided you keep intact all copyright, trademarks and other proprietary notices. You may not, however, copy, reproduce, republish, upload, post, transmit or distribute in any way the contents of the Services, including the text, images, audio and video for commercial purposes, without written permission from Company.
You may not copy, reproduce, distribute, or create derivative works from the Content or third party content without expressly being authorized to do so by Company or the third party advertiser. You may make a copy of the Content or third party content for your personal, non-commercial use only, provided that you keep all copyright or other proprietary notices intact. Although Company does not claim ownership of User-Generated Content (defined below) that you may submit to Company, by submitting UGC to Company, you automatically grant, and represent and warrant that you have the right to grant, to Company a worldwide, irrevocable, perpetual, non-exclusive, unrestricted, unconditional, unlimited, cost-free right and fully sub-licensable, license to use, copy, record, distribute, reproduce, disclose, sell, re-sell, publish, publicly perform, display, transmit, broadcast, translate, make derivative works of, ad distribute, and otherwise use and exploit in any manner whatsoever, all or any portion of said UGC.
Company respects copyright law and expects you to do the same. Illegal or unauthorized copying, distribution, modification, public display, or public performance of copyrighted works is an infringement of the copyright holders’ rights. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify Company’s Digital Millennium Copyright Act (“DMCA”) Agent for Notice of claims of copyright or other intellectual property infringement (“DMCA Agent”), at:
Company will only respond to DMCA Notices that it receives by mail or email at the addresses below:
331 Foothill Road, 3rd Floor
Beverly Hills, CA 90210
(Attn: DMCA Agent)
For content on participant.com, email email@example.com;
For content on soulpancake.com, email firstname.lastname@example.org
For more information call:
You may also notify the DMCA Agent via the Contact Us page.
Please provide our DMCA Agent with the following Notice:
- A legend or subject line that says: “DMCA Copyright Infringement Notice”;
- Identify the copyrighted work or other intellectual property that you claim has been infringed;
- Identify the material on Company that you claim is infringing, with enough detail so that we may locate it on the Services;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you declaring under penalty of perjury that: (a) the above information in your Notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
- Your address, telephone number, and email address; and
- Your physical or electronic signature.
Company’s DMCA Agent will forward this information to the alleged infringer. It is Company’s policy to terminate the accounts of repeat infringers.
If you posted material to the Services that Company removed due to a notice of claimed infringement from a copyright owner, we will take reasonable steps promptly to notify you that the material has been removed or disabled. This notice may be by means of a general notice on the Services or by written or electronic communication to such address(es) you have provided to Company, if any. You may provide counter-notification in response to such notice in a written communication that includes substantially all of the following:
- 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;
- A statement by you, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
- your name, address, telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which Company may be found, and that you will accept service of process from the person who provided notification requesting the removal or disabling of access to the material or such person’s agent; and
- your physical or electronic signature.
Please note that, under 17 U.S.C. §512(f), any person who knowingly makes material misrepresentations in a notification of claimed infringement or any counter-notification may be liable for damages.
7. Third Party Sites
8. Social Media Services
9. Rights and Limitation of Rights
Company may now, or in the future, offer users of the Service the opportunity to create, build, post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available on or submit through the Services, or on or in response to our pages or posts on any third-party platforms or in connection with any of our promotions by any media or manner, or otherwise submit to us (e.g., on our Facebook or other social media pages, in response to our tweets, through a sweepstakes or contest, or by otherwise sending it to us) (collectively, “submit”) messages, text, illustrations, files, images, graphics, photos, comments, responses, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, personally identifiable information, or other information or materials and the ideas contained therein you provide to us via the Services or otherwise (“User-Generated Content” or “UGC”). You promise to only provide information and content that you have the right to use and share, and that your Company profile will be truthful.
As between you and Company, you own the User Generated Content that you submit or post to the Services and you are only granting Company the following non-exclusive license: A non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, and cost-free right and license to use, copy, record, distribute, reproduce, disclose, transfer, sell, re-sell, sublicense (through multiple levels), display, publicly perform, transmit, publish, broadcast, translate, make derivative works of, and otherwise use and exploit in any manner whatsoever, all or any portion of your User-Generated Content (and derivative works thereof), for any purpose whatsoever in all formats, on or through any means or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same.
These rights are limited in the following ways:
- We will get your consent if we want to give others the right to publish your posts beyond the Services. However, other “Registered Users” and/or “Visitors” (defined below) may access and share your User-Generated Content, consistent with your settings and degree of connection with them.
In order to further effect the rights and license that you grant to Company to your User-Generated Content, you also hereby grant to Company, and agree to grant to Company, the unconditional, perpetual, irrevocable right to use and exploit your name, persona, and likeness in connection with any User-Generated Content, without any obligation or remuneration to you. Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any User-Generated Content, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section 9.
Each time you submit any User-Generated Content, you represent and warrant that you are at least the age of majority in the jurisdiction in which you reside or are the parent or legal guardian, or have all proper consents from the parent or legal guardian, of any minor who is depicted in or contributed to any User-Generated Content you submit, and that, as to that User-Generated Content: (a) you are the sole author and owner of the intellectual property and other rights to the User-Generated Content, or you have a lawful right to submit the User-Generated Content and grant Company the rights to it that you are granting by these Terms and any Additional Terms, all without any Company obligation to obtain consent of any third party and without creating any obligation or liability of Company; (b) the User-Generated Content is accurate; (c) the User-Generated Content does not and, as to Company’s permitted uses and exploitation set forth in these Terms, will not infringe any intellectual property or other right of any third party; and (d) the User-Generated Content will not violate these Terms (including the Rules) or any Additional Terms, or cause injury or harm to any person.
In your communications with Company, please keep in mind that we do not seek any unsolicited ideas or materials for products or services, or even suggested improvements to products or services, including, without limitation, ideas, concepts, inventions, or designs for music, websites, apps, books, scripts, pitches, outlines, treatments, screenplays, motion pictures, television shows, theatrical productions, recordings, articles, software or otherwise (collectively, “Unsolicited Ideas and Materials”). Company does not accept or consider any ideas, suggestions or materials other than those we specifically request. The purpose of this policy is to avoid any potential misunderstandings if anything we develop or distribute seems the same or similar to your original work, as many works and submissions are based on the same or similar ideas. Any Unsolicited Ideas and Materials you post on or send to us via the Services are deemed to be User‑Generated Content and licensed to us as set forth above. In addition, Company retains all of the rights held by members of the general public with regard to your Unsolicited Ideas and Materials. Company’s receipt of your Unsolicited Ideas and Materials is not an admission by Company of their novelty, priority, or originality, and it does not impair Company’s right to contest existing or future intellectual property rights relating to your Unsolicited Ideas and Materials. Please note, if you choose to disregard this policy and submit materials regardless, you acknowledge that you shall not be entitled to any compensation, credit or notice whatsoever and that by sending Unsolicited Ideas and Materials you waive the right to make any claim against Company, its parent or affiliated entities, relating to unsolicited submissions, including, without limitation, unfair competition, breach of implied contract or breach of confidentiality.
Company may, but will not have any obligation to, review, monitor, display, post, store, maintain, accept, or otherwise make use of, any of your User-Generated Content, and Company may, in its sole discretion, reject, delete, move, re-format, remove or refuse to post or otherwise make use of User-Generated Content without notice or any liability to you or any third party in connection with our operation of User-Generated Content venues in an appropriate manner. Without limitation, we may do so to address content that comes to our attention that we believe is offensive, obscene, lewd, lascivious, filthy, violent, harassing, threatening, abusive, illegal or otherwise objectionable or inappropriate, or to enforce the rights of third parties or these Terms or any applicable Additional Terms, including, without limitation, the content restrictions set forth in Section 5. Such User-Generated Content submitted by you or others need not be maintained on the Services by us for any period of time and you will not have the right, once submitted, to access, archive, maintain, or otherwise use such User-Generated Content on the Site or elsewhere.
10. Registration and Account Security
Company may, in its sole discretion, make certain additional features of the Services available via personalized accounts for Users. In such event, in order to access or use some of those features on the Services, you must first register through our online registration process on the Services by creating an account (“Account”). If you register for an account you become a Registered User of the Services (“Registered User”). You may access or use those features of the Services that do not require registration as a visitor on the Services (“Visitor”). You agree to provide true, accurate, current and complete information about you when you register for an Account, and to maintain the security of your password and identification. Company reserves the right to refuse registration, or to refuse or limit access to the Services, to anyone, in our sole discretion, for any reason or no reason.
If you register for any feature that requires a password and/or username, then you will select your own password at the time of registration (or we may send you an email notification with a randomly generated initial password) and you agree that: You will not use a username (or email address) that is already being used by someone else, may impersonate another person, belongs to another person, violates the intellectual property or other right of any person or entity, or is offensive. You are solely responsible for all activities that occur under your Account, password, and username – whether or not you authorized the activity. You are solely responsible for maintaining the confidentiality of your password and for restricting access to your device so that others may not access any password protected portion of the Services using your name, username, or password. You will immediately notify us of any unauthorized use of your account, password, or username, or any other breach of security. You will not sell, transfer, or assign your Account or any Account rights.
Accounts may only be set up by an authorized representative of the individual that is the subject of the account and who is of the age of majority. We do not review accounts for authenticity, and are not responsible for any unauthorized accounts that may appear on the Services. For any dispute as to account creation or authenticity, we shall have the sole right, but are not obligated, to resolve such dispute as we determine appropriate, without notice.
11. Availability of Services; Operation of Services; International Issues.
Company may change, suspend, or discontinue the Services at any time with or without notice for any reason or no reason whatsoever.
Company controls and operates the Service from the U.S.A., and makes no representation that the Service is appropriate or available for use beyond the U.S.A. If you use the Service from other locations, you are doing so on your own initiative and responsible for compliance with applicable local laws regarding your online conduct and acceptable content, if and to the extent local laws apply.
Company reserves the right to restrict, suspend, or terminate your account if Company believes that you may be in breach of these Terms or law, are misusing the Services, or for any reason or no reason whatsoever.
Company reserves all of its intellectual property rights in the Services.
Company is not obligated to publish any information or content on our Services and can remove it in our sole discretion, with or without notice.
13. No Warranty
This is our disclaimer of legal liability for the quality, safety, or reliability of our Services.
TO THE EXTENT ALLOWED UNDER LAW, COMPANY (AND THOSE THAT COMPANY WORKS WITH TO PROVIDE THE SERVICES): (A) DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS (E.G., WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NONINFRINGEMENT); (B) DO NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS; AND (C) PROVIDE THE SERVICES (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND “WITH ALL FAULTS” BASIS.
SOME LAWS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OR ALL OF THESE DISCLAIMERS MAY NOT APPLY TO YOU.
14. Limitations of our Liability
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW (AND UNLESS COMPANY HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT SUPERSEDES THIS AGREEMENT), COMPANY (AND THOSE THAT COMPANY WORKS WITH TO PROVIDE THE SERVICES) SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, RELATED TO THE SERVICES (E.G., OFFENSIVE OR DEFAMATORY STATEMENTS, DOWN TIME OR LOSS, USE OR CHANGES TO YOUR INFORMATION OR CONTENT), UGC, OR OTHERWISE DIRECTLY OR INDIRECTLY RELATED TO COMPANY PRODUCTS OR SERVICES, EXCEPT TO THE EXTENT NOT WAIVABLE UNDER APPLICABLE LAW.
IN NO EVENT SHALL THE LIABILITY OF COMPANY (AND THOSE THAT COMPANY WORKS WITH TO PROVIDE THE SERVICES) EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, AN AMOUNT THAT IS THE LESSER OF (A) FIVE TIMES THE MOST RECENT MONTHLY OR YEARLY FEE THAT YOU PAID FOR THE SERVICES, IF ANY, OR (B) US $1,000.
THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND COMPANY AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G., WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW) AND EVEN IF COMPANY HAS BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE.
SOME LAWS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THESE LIMITS MAY NOT APPLY TO YOU.
IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSS, DAMAGES, OR INJURIES IN CONNECTION WITH YOUR USE OF THE SERVICES, THEN THE LOSSES, DAMAGES, AND INJURIES WILL NOT BE IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR TO OTHER EQUITABLE RELIEF OF ANY KIND. THIS MEANS THAT, IN CONNECTION WITH YOUR CLAIM, YOU AGREE THAT YOU WILL NOT SEEK, AND THAT YOU WILL NOT BE PERMITTED TO OBTAIN, ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, FILM, APPLICATION, CONTENT, USER-GENERATED CONTENT, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED OR CONTROLLED BY COMPANY (INCLUDING YOUR LICENSED USER-GENERATED CONTENT) OR A LICENSOR OF COMPANY.
Company or you may terminate these Terms at any time with notice to the other. On termination, you lose the right to access or use the Services. The following shall survive termination: 9, 12, 13, 14, 16 and 17.
Unless terminated by Company, in its sole discretion, these Terms remain in full force and effect while you use the Services. You may terminate your Account, if any, on the Services at any time, for any reason, by emailing us with your request at email@example.com, Subject: Terms of Service. Company may terminate your Account and/or access to the Service at any time, for any or no reason, with or without prior notice or explanation, and without liability. Even after you or Company terminates your Account or access to the Services, these Terms will remain in effect with respect to your past and future use of the Services. If we disable your account, you agree that you will not create another one without our permission.
16. Applicable Law and Dispute Resolution
These Terms and any Dispute (defined below) between you and Company will be governed by and construed in accordance with the laws of the State of California (without regard to its conflicts of law provisions), and both you and Company agree to submit to the exclusive jurisdiction of the State of California. This choice of jurisdiction and venue does not prevent either party from seeking injunctive relief with respect to a violation of intellectual property rights or confidentiality obligations in any appropriate jurisdiction. THE MAKING OF CLAIMS OR RESOLUTION OF DISPUTES PURSUANT TO THESE TERMS SHALL BE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. EACH PARTY IRREVOCABLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY RIGHT TO TRIAL BY JURY IN THE RESOLUTION OF ANY DISPUTE ARISING OUT OF, OR RELATING TO, THESE TERMS.
YOU AND COMPANY AGREE THAT, EXCEPT AS MAY OTHERWISE BE PROVIDED IN ADDITIONAL TERMS, THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THE TERMS AND/OR THE SERVICES (INCLUDING YOUR VISIT TO OR USE OF THE SERVICES) SHALL BE FINAL AND BINDING ARBITRATION, except that to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party’s patent, copyright, trademark or trade secret rights, or you have otherwise violated any of the user conduct rules set forth above then the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought.
All actions or proceedings arising in connection with, touching upon or relating to any controversy, allegation, or claim arising out of or relating to the Services, these Terms, or the scope of the provisions of this section (collectively, “Dispute”), shall be submitted to and administered by the Judicial Arbitration and Mediation Services Inc. (“JAMS”) using JAMS’ Streamlined Arbitration Rules and Procedures if the matter in dispute is $250,000 or less, JAMS’ Comprehensive Arbitration Rules and Procedures if the matter in dispute is over $250,000, or JAMS’ Policy on Consumer Arbitration Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness if the matter in dispute is between Company and a consumer, to be held in Los Angeles, CA. or administered by any other arbitration administration service that you and an officer or legal representative of Company consent to in writing. You can obtain JAMS procedures, rules, and fee information by calling JAMS at 949.224.1810.
To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICES, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action or proceeding by you related in any way to the Services (including your visit to or use of the Services) be instituted more than three (3) years after the cause of action arose.
Notwithstanding the foregoing, either of us may bring qualifying claims of general dispute (excluding disputes where intellectual property rights are concerned) in small claims court, subject to the class action waiver above.
The provisions of this Section 16 shall supersede any inconsistent provisions of any prior agreement between the parties. This Section 16 shall remain in full force and effect notwithstanding any termination of your use of the Services or these Terms.
As permitted by applicable law, you agree to, and you hereby, defend, indemnify, and hold the Company harmless from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest, and expenses (including attorneys’ fees) that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against Company, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with, whether occurring heretofore or hereafter: (i) your User-Generated Content; (ii) your use of the Services and your activities in connection with the Services; (iii) your breach or alleged breach of these Terms or any Additional Terms; (iv) your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with your use of the Services or your activities in connection with the Services; (v) information or material transmitted through your Device, even if not submitted by you, that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; (vi) any misrepresentation made by you; and (vii) Company’s use of the information that you submit to us (including your User-Generated Content) (all of the foregoing, “Claims and Losses”). You will cooperate as fully required by Company in the defense of any Claims and Losses. Notwithstanding the foregoing, Company retains the exclusive right to settle, compromise, and pay any and all Claims and Losses. Company reserves the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of Company.
18. California Consumer Rights and Notices
Residents of California are entitled to the following specific rights information: you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at: 400 R St., Suite 1080, Sacramento, California, 95814, or by telephone at (916) 445-1254. Their website is located at: http://www.dca.ca.gov.
Any California residents under the age of eighteen (18) who have registered to use the Services, and who have posted content or information on the Services, can request that such information be removed from the Services by contacting us at the email or address set forth in Section 21 making such a request, stating that they personally posted such content or information and detailing where the content or information is posted. We will make reasonable good faith efforts to remove the post from prospective public view or anonymize it so the minor cannot be individually identified. This removal process cannot ensure complete or comprehensive removal. For instance, third-parties may have republished the post and archived copies of it may be stored by search engines and others that we do not control.
19. Changes to these Terms
From time-to-time, we may prospectively modify these Terms by posting new or changed terms on the Services. By continuing to use the Services after we post a revised Terms, you signify your continued acceptance of these Terms. Therefore, it is important that you review these Terms regularly to ensure you are updated about any changes.
20. Questions About these Terms
Should you have any questions concerning these Terms you may contact Company through our Contact Us page or by writing us a letter using the information below. You acknowledge that the provision of customer support is at Company’s sole discretion and that we have no obligation to provide you with customer support of any kind.
21. Contact Us
Participant Media, LLC
Attn: Terms of Services
331 Foothill Road, 3rd Floor
Beverly Hills, CA 90210
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.