THESE TERMS ALSO CONTAIN AN ELECTION TO ARBITRATE, WHICH WILL, UPON ELECTION BY YOU OR US, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT (SEE DISPUTE RESOLUTION AND ARBITRATION AGREEMENT, SECTION 9). UNLESS YOU OPT OUT, IN THE EVENT OF AN ELECTION BY THE COMPANY TO ARBITRATE YOUR CLAIMS: (1) DIPUTES BETWEEN YOU AND THE COMPANY WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF ON AN INDIVIDUAL BASIS AND YOU WAIVE YOUR RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
- Compliance With Terms and Code of Conduct. We may review your conduct and content for compliance with these Terms and our Code of Conduct. However, we have no obligation to do so. We are not responsible for your compliance with these Terms or the Code of Conduct, or any other party’s compliance with these Terms or the Code of Conduct.
- Third Party Linking. Although we may provide links to websites of third-party companies to you, your use of such links is subject to the respective terms and conditions imposed by the third party company and the agreement for your use will be between you and such third party. We make no warranty with regard to the websites of any other entity. We have no control over the content or availability of any third-party website. In particular, (a) we make no warranty that any third-party web site you visit will be free of any contaminating or destructive code, such as viruses, worms or Trojan horses and (b) it is your responsibility to become familiar with any web site’s privacy and other policies and terms of service, and to contact that site’s webmaster or site administrator with any concerns.
- Suspension and Termination. We reserve the right to suspend, modify, or terminate your access to and use of the Site, at any time, without notice.
- THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND. WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- Proprietary and Privacy Protection for Other Users’ Content on the Site. We hereby notify you that all the information, content, image files and materials on the Site may be protected by U.S. and international copyright and other intellectual property laws and by other applicable laws, including privacy laws. You may not copy or distribute such material without our written consent.
- Copyright Infringement.
- Claims of Copyright Infringement. The Company reserves the right to remove any content that allegedly infringes another person’s copyright. Notices to the Company regarding any alleged copyright infringement should be directed to the Company via email at:
Service Provider: The Line Studios LLC
Copyright Agent: The Line Studios LLC
- Notice of Infringement. To be effective, the notification must be a written communication that includes the following:
- A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- 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;
- 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 us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
- 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; and
- 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.
- Takedown Notices. We may give you notice that we have removed or disabled access to certain material (which may include your content) by means of a general notice on the Service, electronic mail to your email address in our records, or by written communication sent by first-class mail to your physical address in our records.
- TO THE FULLEST EXTENT PERMITTED BY LAW, EXCEPT FOR ANY LIABILITY FOR OUR FRAUD, FRAUDULENT MISREPRESENTATION, OR GROSS NEGLIGENCE, IN NO EVENT WILL WE OR OUR AFFILIATES BE LIABLE FOR: (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR (B) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY.
THIS LIMITATION APPLIES REGARDLESS OF WHETHER OR NOT WE OR ANY OF OUR AFFILIATES HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
ADDITIONALLY, WE AND OUR AFFILIATES WILL NOT BE LIABLE FOR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SITE FOR MORE THAN THE GREATER OF TWENTY DOLLARS ($20) OR THE AMOUNTS PAID BY YOU TO US FOR THE PAST TWELVE (12) MONTHS.
Some places don’t allow the types of limitations in this paragraph, so they may not apply to you.
- Dispute Resolution and Arbitration Agreement. If you believe that the Company has not adhered to these Terms, please contact us by e-mail at email@example.com and we will do our best to address your concerns. If you feel that your complaint has been addressed incompletely, we invite you to let us know for further investigation.
IF YOU AND THE COMPANY ARE UNABLE TO REACH A RESOLUTION TO THE DISPUTE, YOU AND THE COMPANY AGREE THAT EITHER YOU OR THE COMPANY MAY ELECT TO SETTLE THE DISPUTE EXCLUSIVELY UNDER THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION (WWW.ADR.ORG) AT ITS NEW YORK, NEW YORK OFFICE (THE “ARBITRATION AGREEMENT”). ANY ELECTION TO ARBITRATE BY ONE PARTY WILL BE FINAL AND BINDING ON THE OTHER.
YOU UNDERSTAND THAT IF EITHER PARTY ELECTS TO ARBITRATE, NEITHER PARTY WILL HAVE THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL. YOU AND THE COMPANY AGREE THAT ANY ARBITRATION WILL BE LIMITED TO THE DISPUTE BETWEEN THE COMPANY AND YOU INDIVIDUALLY. YOU ACKNOWLEDGE AND AGREE THAT YOU AND THE COMPANY ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. FURTHER, UNLESS BOTH YOU AND THE COMPANY OTHERWISE AGREE IN WRITING, AN ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF ANY CLASS OR REPRESENTATIVE PROCEEDING. REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE USE OF THE SITE OR THESE TERMS MUST BE BROUGHT, IF AT ALL, WITHIN ONE YEAR FROM THE ACCRUAL OF THE CLAIM OR CAUSE OF ACTION OR BE FOREVER BARRED.
You may opt out of this Arbitration Agreement. If you do, neither you nor the Company can require the other to participate in arbitration proceedings. To opt out, you must notify the Company via email at firstname.lastname@example.org within 30 days of the date that you first became subject to this arbitration provision, which shall be the date you first visited the Site.
You must include your name and residence address, the email address you use for your account, and a clear statement that you want to opt out of the arbitration agreement.
- We may modify these Terms at any time. Modifications become effective immediately upon your first access to or use of the Site after the “Last Revised” date at the top of these Terms. Your continued access to and use of the Site after the modifications have become effective will be deemed your conclusive acceptance of the modified Terms. If you do not agree with the modifications, do not access the Site.
- Applicable Law. These Terms shall be governed by the laws of the State of New York without giving effect to any conflict of laws principles that may require the application of the law of another jurisdiction.
- The Company is located in New York, New York. Any questions, comments or suggestions, including any report of violation of these Terms should be provided to the Administrator as follows:
By Postal Mail:
The Line Studios
79 West Street Suite 205
Brooklyn, NY 11222
- Entire Agreement. These Terms, along with any other applicable agreement referenced herein, constitutes the entire agreement between you and us and govern your use of the Site, superseding any prior agreements between you and us. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you and we nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms shall remain in full force and effect.
CODE OF CONDUCT
You agree not to misuse the Site or help or encourage any other party to misuse the Site. For example, and without limitation, you may not:
- interfere or disrupt on the Site;
- breach or otherwise circumvent any security or authentication measures;
- adapt, modify or reverse engineer any portion of the Site;
- use any spider, robot, retrieval application, or any other device to retrieve any portion of the Site;
- disseminate, store or transmit viruses, worms, Trojan horses or other malicious code or program;
- violate any applicable federal, state, local or international law or regulation;
- invade the privacy of any person, including but not limited to submitting personally identifying or otherwise private information about a person without their consent;
- submit false or misleading information to us;
- attempt to do any of the foregoing or encourage or enable any third party to do any of the foregoing.