Last Updated: December 1, 2014
By accessing or using the Services, You agree to the terms of this Agreement. We may make changes to this Agreement from time to time. We may notify You of such changes by any reasonable means, including by making available the revised version of this Agreement through or in connection with the Services. You can determine when We last changed this Agreement by referring to the “Last Updated” legend above. Your access to or use of the Services following changes to this Agreement will constitute Your acceptance of those changes. Notwithstanding the foregoing, any changes to this Agreement shall not apply to any dispute between You and ATV arising prior to the date on which We posted the revised version of this Agreement incorporating such changes or otherwise notified You of such changes. We may, at any time, temporarily or permanently modify or discontinue, in whole or in part, any or all of the Services; charge, modify or waive any fees required to use the Services; or offer opportunities to some or all users of the Services.
BY ACCESSING OR USING THE SERVICES, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT OR, IF YOU ARE NOT, THAT YOUR PARENT OR GUARDIAN HAS ENTERED INTO THIS AGREEMENT ON YOUR BEHALF.
1. Intellectual Property.
The Services are protected by trade dress, copyright, moral rights, trademark and/or other laws relating to intellectual property and other proprietary rights, and are solely and exclusively owned by ATV and its licensors. The Services are licensed, not sold, to end users. Subject to Your compliance with the terms and conditions of this Agreement, and solely for as long as You are expressly permitted by ATV to access the Services, ATV agrees to permit You to access and use the Services, on a non-exclusive, non-transferable, non-sublicensable, revocable, limited basis, solely for Your personal, non-commercial purposes and solely in accordance with this Agreement, including, with respect to any App made available via download, (i) to install such App on an Internet-connected PC, mobile phone or other device in Your possession and control, and (ii) to access and use such App as installed on such device. If You fail to comply with any of the terms or conditions set forth in this Agreement, this Agreement (including the foregoing grant of permission to use the Services) will automatically terminate, whereupon You will immediately (y) cease accessing and using the Services; and (z) for an App made available via download of a software application, remove (e.g., by uninstalling and deleting) such App from any mobile device on which You installed it.
Except as expressly set forth herein, the Services may not, except under written license from an authorized representative of ATV, be copied, reproduced, transmitted, displayed, performed, distributed, rented, sublicensed, altered, stored for subsequent use, or otherwise used, in whole or in part, in any manner whatsoever, except to the extent that such use is authorized under United States copyright and other relevant laws. You hereby acknowledge and agree that, as between You and ATV, ATV owns all right, title and interest in and to the Services, and that all rights in and to the Services not expressly granted in this Agreement are reserved by ATV and no additional licenses are granted or implied hereunder.
The trade names, trademarks and service marks owned by ATV, whether registered or unregistered, may not be used in connection with any product or service that is not Ours, or in any manner that is likely to cause confusion. Nothing contained in this Agreement or on the Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of ATV’s trade names, trademarks or service marks without ATV’s express prior written consent. Those trade names, trademarks and service marks that appear on or in connection with the Services and that are not owned by ATV, are the property of their respective owners.
PLEASE NOTE THAT UNAUTHORIZED USE OF THE SERVICES MAY SUBJECT YOU TO MONETARY DAMAGES AND OTHER CIVIL AND CRIMINAL PENALTIES, INCLUDING, WITHOUT LIMITATION, FOR COPYRIGHT INFRINGEMENT.
In addition to any restrictions set forth in Section 1, You shall not (a) rent, lease, timeshare, license, distribute, sublicense or otherwise transfer any part or all of the Services (as a standalone product or in conjunction with other products); (b) make copies of all or any portion of the Services, except solely as necessary to install and use an App in accordance with this Agreement; (c) modify, translate, reverse engineer, decompile or disassemble the Services, except solely to the extent that such prohibition is not permitted under applicable law; (d) create derivative works of or from the Services or any intellectual property content included therein; (e) incorporate any part of the Services into any product or service; (f) use the Services for unpermitted commercial purposes; and (g) remove, alter or obscure any copyright, trademark, trade name or other proprietary notices, legends, symbols or labels that appear on the Services.
3. Third Party Content.
4. Rules of Conduct.
While using the Services, You will comply with all applicable laws, rules and regulations. In addition, We expect users of the Services to respect the rights and dignity of others. Your access to and use of the Services is conditioned upon Your compliance with the rules of conduct set forth in this Section 4. Your failure to comply with any such rule (including, without limitation, Your repeated engagement in copyright infringement through or in connection with the Services) may result in termination of Your access to or use of the Services (or any parts thereof). You agree that You will not:
• Post, transmit, or otherwise make available, through or in connection with the Services:
• Anything that is or may be (a) threatening, harassing, degrading, hateful or intimidating; (b) defamatory; (c) fraudulent or tortious; (d) obscene, indecent, pornographic or otherwise objectionable; or (e) protected by copyright, trademark, trade secret, right of publicity, or other proprietary right without the express prior consent of the owner of such right.
• Any material that would give rise to criminal or civil liability; that encourages conduct that constitutes a criminal offense; that promotes gambling; or that encourages or provides instructional information about illegal activities or activities such as “hacking,” “cracking” or “phreaking.”
• Any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letter,” “pyramid scheme” or investment opportunity, or any other form of solicitation.
• Any material that could disrupt or otherwise negatively affect other users’ ability to access or use the Services.
• Any material non-public information about a company without the proper authorization to do so.
• Use the Services for any fraudulent or unlawful purpose;
• Provide untruthful, false or inaccurate information;
• Interfere with or interrupt, or attempt to interfere with or interrupt, the operation of the Services or the servers or networks used to make the Services available; or violate any requirements, procedures, policies or regulations of such networks;
• Make any unauthorized changes to any gameplay, scores or achievements;
• Access or use the Services through any technology or means other than those expressly designated by Us;
• Impersonate any person or entity, or misrepresent a relationship with any person or entity, including without limitation, misrepresenting a relationship with ATV;
• Use the Services to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others’ privacy rights or rights of publicity;
• Post, transmit, or otherwise make available, through or in connection with the Services or email to ATV any content that contains any “Backdoors,” “Key Loggers,” “Root Kits,” viruses, “cancel bots,” “Trojan horses,” “Easter eggs,” “time bombs,” spyware or other harmful code, file or program that is harmful or invasive or that may be or is designed to interrupt, damage, destroy, hijack, limit the operation or functionality of, or monitor the use of, any computer software, hardware or telecommunications equipment;
• Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Services;
• Search, mine or link to any data or information made available through the Services without the prior written consent of a duly authorized representative of ATV;
• Forge header information or otherwise manipulate identifiers in electronic communications to disguise the origin of any such communication sent to the Services;
• Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Services or any of the software used to provide any App;
• Request, obtain, collect, store or modify personally identifiable information about other users of the Services;
• Restrict or inhibit any other person from using the Services (including by hacking or defacing any portion of the Services);
• Use the Services to advertise or offer to sell or buy any goods or services without ATV’s express prior written consent;
• Remove any copyright, trademark or other proprietary rights notices from the Services or materials originating from the Services;
• Create a database by systematically downloading and storing all or any of the Services’ content; and
• Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Services, without ATV’s express prior written consent.
If You violate any of the guidelines set forth above, or any other aspect of this Agreement, without limiting ATV’s other rights and remedies, ATV may immediately suspend or terminate this Agreement and/or any of Your rights pursuant to Section 1 above, without giving You any notice. ATV reserves the right to investigate and prosecute violations of any of the above to the fullest extent of the law. ATV may involve and cooperate with law enforcement authorities in prosecuting users who violate this Agreement.
Solely You are responsible for any violation of laws, rules or regulations that results from Your failure to abide by the terms of this Agreement.
5. Registration; Passwords and Security.
You may need to register to use any or all of the Services, and should not register if you are under the age of 13. You represent and warrant that all information submitted to ATV in connection with such registration is complete and accurate. We may reject, or require that You change, any user name, password or other information that You provide to Us in registering. Your user name and password are for Your personal use only. Please be advised, however, that Your user name may become visible to other users of the Services; accordingly, You should not choose a user name that reveals Your identity, such as Your full name or e-mail address. In addition, Your password should be kept confidential; You, and not ATV, are responsible for any use or misuse of Your password and/or Services account, and You must promptly notify Us of any confidentiality breach or unauthorized use of Your password and/or account.
6. User Postings.
ATV and/or Our third party service provider(s) may make available through the Services (for example, message boards, profile functionality, chat functionality and blogs, among other services) to which, subject to Section 7 below and subject to the other terms and conditions hereof, You are able to post information and materials. For any permitted information and/or materials You submit through the Services (each, a “Posting”), You grant to ATV and its designees a worldwide, non-exclusive, transferable, royalty-free, perpetual, irrevocable right and license, without compensation to You: (a) to use, reproduce, distribute, adapt (including, without limitation, edit, modify, translate and reformat), create derivative works of, transmit, publicly display, publicly perform and digitally perform such Posting, in any media now known or hereafter developed, for ATV’s business purposes, and (b) to sublicense the foregoing rights, through multiple tiers, to the maximum extent permitted by applicable law. For each Posting, You represent and warrant that You have all rights necessary for You to grant the licenses granted in this Section 6, and that such Posting, and Your provision thereof to and through the Services, complies with all applicable laws, rules and regulations. No Posting shall be subject to any obligation of confidentiality of ATV and ATV shall not be liable for use or disclosure of any Posting.
You acknowledge and agree that: (a) ATV reserves the right (but has no obligation) to evaluate each Posting before allowing it to be posted on or in connection with the Services; and (b) We may do one or all of the following, at Our discretion: (i) monitor Postings; (ii) alter, remove, or refuse to post or allow to be posted any Posting; and/or (iii) disclose any Postings, and the circumstances surrounding their transmission, to any third party (v) in order to operate the Services; (w) to protect the ATV Entities and Our users; (x) to comply with legal obligations or governmental requests; (y) to enforce this Agreement; or (z) for any other reason or purpose.
Information made available through the Services may be provided both by ATV and by third party users of the Services. Please note that users may post messages or make statements that are inaccurate, misleading or deceptive. ATV neither endorses nor is responsible for any opinion, advice, information or statements made on or in connection with the Services by third parties, including, but not limited to, users. Without limitation, ATV is not responsible for any information or materials made available through the Services (including, without limitation, errors or omissions in Postings or links or images embedded in messages) or results obtained by using any such information or materials. Under no circumstances will the ATV Entities be liable to You or any third party claiming through You for any loss or damage caused by Your reliance on such information or materials. The opinions expressed on or through the Services reflect solely the opinions of the individuals who submitted such opinions, and may not reflect the opinions of ATV.
In addition, ATV has no control over, and shall have no liability for, any damages resulting from the use (including, without limitation, republication) or misuse by any third party of information voluntarily made public on or through the Services. If You choose to make any of Your personally identifiable or other information publicly available on or through the Services, You do so at Your own risk.
7. Unsolicited Submissions.
ATV does not accept unsolicited submissions of any work, idea, creative material, concept or other information, and ATV assumes no obligation, either express or implied, with respect to any work, idea, creative material, concept or other information submitted by You. In the event that You submit any work, idea, creative material, concept, or other information to ATV in violation of the previous sentence (each, an “Unsolicited Submission”), You hereby grant to ATV (and its subsidiaries, affiliates and related entities) the free and unfettered, worldwide, non-exclusive, sublicensable (through multiple tiers of sublicensees), assignable (in whole or in part, including sub-assignments), transferable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute, create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale, import, use and/or exploit in any way Your Unsolicited Submission in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to You or any provider, author, or owner of the Unsolicited Submission. No Unsolicited Submission shall subject ATV to any obligation of any kind, including without limitation, confidentiality, attribution, compensation, or otherwise, and ATV shall not be liable for any exploitation, use, or disclosure of any Unsolicited Submission. You hereby agree that no confidential or fiduciary relationship is intended or created by reason of the submission of any Unsolicited Submission by You. You hereby release the ATV Entities, to the maximum extent allowable by law, of and from, and irrevocably waive, any and all claims, costs, demands, liabilities, fees, penalties and other expenses of any kind whatsoever, known or unknown, that may exist or arise relating to, arising out of, or in connection with any Unsolicited Submission and/or ATV’s or any other ATV Entity’s use or disclosure of the Unsolicited Submission.
ATV reserves the right, with or without prior notice, to change the descriptions, images, products, services and other materials accompanying or made available in connection with the Services; to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from making any or all Transaction(s); and/or to refuse to provide any user with the Services (or any feature therein). Price and availability of the Services (or any feature therein), or any product or service made available through the Services, are subject to change without notice. Refunds and exchanges will be subject to ATV’s refund and exchange policies then in effect.
To the extent that You conduct any purchase or other transaction through a third party site or platform (for example, the purchase of an App through Apple’s App Store or the Google Play Store), such transaction will be subject to the terms and conditions applicable to such third party site or platform. Please see Section 12 below for more information on third party sites.
11. Rules for Promotions and Sweepstakes.
Any sweepstakes, contests, raffles or similar promotions (collectively, “Promotions”) made available in connection with the Services may be governed by specific rules that are separate from this Agreement. By participating in any such Promotion, You will become subject to those rules, which may vary from the terms and conditions set forth herein. ATV urges You to review any applicable rules. To the extent that the terms and conditions of such rules conflict with the terms and conditions of this Agreement, the terms and conditions of such rules shall control.
12. Third Party Sites.
The Services may provide links to or feeds from web sites and other online resources. Except as otherwise expressly stated by Us on the Services, We do not control and are neither affiliated with nor responsible for the operators of any third party web sites or other resources that link to or are linked from the Services, and We have neither reviewed nor endorsed such third party web sites or other resources. You hereby acknowledge and agree that ATV shall not be responsible for the content, products, services or other materials available on or through such third party web sites or other resources, or any loss or damages incurred in connection with such content, products, services or other materials. To the extent applicable, You are responsible for compliance with all applicable laws regarding content, products, services and other materials obtained from the Services or any third party web sites or other resources that link to or are linked from the Services.
In addition, other web sites may embed an App or link to the Services with or without Our authorization. We do not endorse any such site, and are not and shall not be responsible or liable for such web site, any links from any such site to the Services, any content, advertising, products or other materials available on any such sites or any loss or damages incurred in connection with any such site. ATV shall have the right, at any time and in its sole discretion, to block links to the Services through technological or other means without prior notice.
YOU AGREE THAT YOUR USE OF THIRD PARTY WEB SITES AND RESOURCES, INCLUDING, WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR MADE AVAILABLE THROUGH SUCH WEB SITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH WEB SITES AND RESOURCES. YOU ARE RESPONSIBLE FOR COMPLIANCE WITH ANY SUCH TERMS AND CONDITIONS OF USE.
13. Forward-Looking Statements.
Certain statements and information that appear on or in connection with the Services contain certain forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995. Such forward-looking statements include, without limitation, ATV’s plans, prospects and strategies as well as ATV’s beliefs and expectations concerning performance of its current and future film, television or other releases (certain of such statements are identified by use of words such as “expect,” “anticipate,” “intend,” “plan,” “believe,” “seek,” “estimate” and variations of such words and similar expressions). These statements are based on current expectations, estimates, forecasts and projections about the industry in which ATV operates, and beliefs and assumptions made by ATV’s management. These statements are not guarantees of future performance and involve risks, uncertainties and assumptions which are difficult to predict. Actual results may vary materially from those expressed or implied by any forward-looking statements that appear on or in connection with the Services due to changes in economic, business, competitive, technological and/or regulatory factors, and other risks and uncertainties affecting the operation of ATV’s business. These risks and uncertainties include, without limitation: audience acceptance of ATV’s productions, ATV’s dependence on the success of a limited number of releases each year, delayed release dates of any productions, the increasing cost of producing and marketing feature films and other types of productions, piracy, the effect of rapid technological change or alternative forms of entertainment, and ATV’s need to protect its proprietary technology and enhance or develop new technology. More information about potential risks and uncertainties that could affect ATV’s business and financial results is included in DreamWorks Animation SKG, Inc.’s (“DWA”) Annual Report on Form 10-K, Quarterly Reports on Form 10-Q and other filings with the Securities and Exchange Commission, which are available on the Investors’ page of the Services and at www.sec.gov. DWA and ATV are under no obligation, and expressly disclaims any obligation, to update or alter its forward-looking statements, whether as a result of new information, future events, changes in assumptions or otherwise. The Services and the information posted on or in connection with them shall not be deemed to be incorporated by reference into any annual, quarterly, current or other report DWA files with, or furnishes to, the Securities and Exchange Commission.
WHILE WE MAKE REASONABLE EFFORTS TO PROVIDE ACCURATE AND TIMELY INFORMATION ABOUT ATV IN CONNECTION WITH THE SERVICES, YOU SHOULD NOT ASSUME THAT THE INFORMATION PROVIDED IS ALWAYS UP-TO-DATE OR THAT INFORMATION MADE AVAILABLE IN CONNECTION WITH THE SERVICES CONTAINS ALL THE RELEVANT INFORMATION AVAILABLE ABOUT ATV. IN PARTICULAR, IF YOU ARE MAKING AN INVESTMENT DECISION REGARDING ATV, PLEASE CONSULT A NUMBER OF DIFFERENT SOURCES, INCLUDING ATV’S FILINGS WITH THE SECURITIES AND EXCHANGE COMMISSION.
14. No Representations and Warranties.
THE SERVICES AND ALL SERVICES, PRODUCTS, THIRD PARTY CONTENT (AS DEFINED IN SECTION 3), INFORMATION AND MATERIALS MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE SERVICES (COLLECTIVELY, THE “MATERIALS”) ARE PROVIDED TO YOU “AS IS” WITHOUT ANY (AND THE ATV ENTITIES HEREBY DISCLAIM ANY) REPRESENTATION, WARRANTY, GUARANTEE OR PROMISE OF ANY KIND WHATSOEVER, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. YOUR USE OF THE SERVICES AND ANY MATERIALS IS AT YOUR OWN RISK. THE SERVICES AND THE MATERIALS MAY CONTAIN INACCURATE, INCOMPLETE, OR OUT-OF-DATE INFORMATION. WE MAKE NO REPRESENTATION OR WARRANTY THAT THE SERVICES OR THE MATERIALS, IN WHOLE OR IN PART, WILL BE ACCURATE, COMPLETE OR ERROR-FREE, NOR THAT ANY PARTICULAR DEVICES, OTHER HARDWARE OR SOFTWARE WILL BE COMPATIBLE WITH THE SERVICES OR ANY MATERIALS (IN WHOLE OR IN PART), AND YOU HEREBY AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO (A) OBTAIN AND PAY FOR ANY DEVICES, OTHER HARDWARE, SOFTWARE AND SERVICES (INCLUDING, WITHOUT LIMITATION, INTERNET CONNECTIVITY) NEEDED TO USE THE SERVICES AND ANY MATERIALS (IN WHOLE OR IN PART) AND (B) ENSURE THAT ANY DEVICE, OTHER HARDWARE, SOFTWARE AND SERVICES THAT YOU USE WILL FUNCTION CORRECTLY WITH THE SERVICES AND ANY MATERIALS (IN WHOLE OR IN PART). ATV ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS ON OR WITHIN THE SERVICES OR MATERIALS, AND MAKES NO COMMITMENT TO UPDATE ANY INFORMATION MADE AVAILABLE ON OR WITHIN THE SERVICES OR MATERIALS. YOUR SOLE AND EXCLUSIVE REMEDY FOR ISSUES RELATING TO, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES OR MATERIALS SHALL BE TO DISCONTINUE USING THE SERVICES. YOU HEREBY ACKNOWLEDGE AND AGREE THAT ATV SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY AND ALL LOSSES, DAMAGES, LIABILITIES, COSTS, PENALTIES, FEES OR OTHER EXPENSES OF ANY KIND RELATED TO, ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR MATERIALS. ANY MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES ARE ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIALS.
15. Limitation of Liability.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, YOU HEREBY RELEASE THE ATV ENTITIES OF AND FROM, AND IRREVOCABLY WAIVE, ANY AND ALL CLAIMS (INCLUDING, WITHOUT LIMITATION, CLAIMS FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, ACTUAL ATTORNEYS’ FEES AND COSTS, AND CLAIMS FOR INTEREST), EVEN IF ATV IS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RELATED TO, ARISING OUT OF, OR IN CONNECTION WITH (DIRECTLY OR INDIRECTLY) YOUR USE OF (OR INABILITY TO USE) THE SERVICES OR THE MATERIALS, YOUR VIOLATION OF THIS AGREEMENT OR THE VIOLATION OF THE RIGHTS OF ANY THIRD PARTY.
IN NO EVENT SHALL ATV’S TOTAL AGGREGATE LIABILITY TO YOU OR TO ANY THIRD PARTY RELATED TO, ARISING OUT OF, OR IN CONNECTION WITH THIS AGREEMENT, THE SERVICES, AND/OR THE MATERIALS, EXCEED FIVE UNITED STATES DOLLARS (US $5.00).
YOU UNDERSTAND THAT YOU ARE PERSONALLY RESPONSIBLE FOR YOUR BEHAVIOR WHILE USING THE SERVICES AND AGREE TO INDEMNIFY, DEFEND AND HOLD THE ATV ENTITIES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, LIABILITIES, COSTS, PENALTIES, FEES OR OTHER EXPENSES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, ACTUAL ATTORNEYS’ FEES AND COSTS AND CLAIMS FOR INTEREST) THAT THEY MAY INCUR IN CONNECTION WITH ANY THIRD PARTY CLAIM RELATED TO, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES OR MATERIALS, YOUR VIOLATION OF THIS AGREEMENT OR THE VIOLATION OF THE RIGHTS OF ANY THIRD PARTY.
17. Governing Law.
The laws of the State of California, without reference to any choice of law provisions, shall govern any claims related to, arising out of, or in connection with any access to or use of the Services. All disputes and controversies in connection with this Agreement or the Services will be exclusively resolved by arbitration conducted in accordance with JAMS rules and procedures in Los Angeles, California.
18. Jurisdictional Issues.
The Services are controlled and operated by ATV from the United States and are not intended to subject ATV to the laws or jurisdiction of any state, country or territory other than those of the United States. ATV does not represent or warrant that the Services or any part thereof are appropriate or available for use in any particular jurisdiction. Those who choose to access the Services do so on their own initiative and at their own risk and are responsible for complying with all local laws, rules and regulations. You are also subject to United States export controls and are responsible for any violations of such controls, including, without limitation, any United States embargoes or other federal rules and regulations restricting exports. We may limit the Services’ availability, in whole or in part, to any person, geographic area or jurisdiction We choose, at any time and in Our sole discretion.
If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision.
20. No Injunctive Relief.
You hereby irrevocably waive any right to seek and/or obtain rescission, equitable and/or injunctive relief related to ATV’s or any of its subsidiaries’, affiliates’, or related entities’ production, distribution, license and/or exploitation of any of their motion pictures, television shows, commercials and/or other content; and Your exclusive remedy in connection therewith shall be an action for damages.
21. Independent Contractors.
You and ATV are independent contractors and neither You nor ATV shall be deemed to be the legal representative or agent of the other for any purpose whatsoever, and neither You nor ATV is authorized by the other to transact business, incur obligations (either express or implied), bill goods, or otherwise act in any manner, in the name or on behalf of the other, or to make any representation, warranty, guarantee or other promise in the name or on behalf of the other, except as expressly permitted in this Agreement.
22. Entire Agreement.
This Agreement constitutes the entire agreement by and between You and ATV pertaining to the subject matter hereof and supersedes all prior or contemporaneous agreements, representations, warranties and understandings of You and ATV. This Agreement may not be amended, nor any obligation waived, other than expressly in writing by ATV. Any failure to enforce any provision of this Agreement shall not constitute a waiver thereof or of any other provision hereof.
This Agreement can be terminated at any time by ATV for any or no reason whatsoever with or without prior notice to You. In the event that ATV terminates this Agreement, Your limited rights hereunder, including to the license granted to You in Section 1 above, shall immediately terminate, and ATV may immediately deactivate or delete Your password and user name (if any), and all related information and files associated with them, and/or bar any further access to such information or files. You agree that ATV shall not be liable to You or any third party for any termination of Your access to any of the Services or to any such information or files, and shall not be required to make such information or files available to You after any such termination. Sections 2, 3, 6, 7, 11 – 23, 25, 26 and the terms and conditions in Section 1 setting forth Our rights in the Services shall survive any expiration or termination hereof.
24. Information or Complaints.
This notice is for Our California users: If You have a question or complaint regarding the Services, please send an email to firstname.lastname@example.org. You may also contact ATV by writing to Us (and include Your email address) at Awesomeness, LLC 11821 Mississippi Avenue, Los Angeles, California 90025, Attention: Network Team. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
25. Claims of Copyright Infringement.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If You believe in good faith that any materials available on or accessible through the Services infringe Your copyright, You (or Your agent) may send ATV a notice requesting that ATV remove the material or block access to it. If You believe in good faith that someone has wrongly filed a notice of copyright infringement against You, the DMCA permits You to send ATV a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices must be in writing and should be sent to ATV’s designated agent, Head of Business Affairs, by mail, email or fax in accordance with the following:
Attention: Head of Business Affairs
11821 Mississippi Avenue
Los Angeles, CA 90025
Phone: (310) 601-1960
Fax: (310) 601-1961
We suggest that You consult Your legal advisor before filing a notice or counter-notice.
26. Apple-Specific Terms and Conditions.
In addition to Your agreement with the foregoing terms and conditions, and notwithstanding anything to the contrary herein, You acknowledge and agree to the following provisions with respect to Your use of the version of any App that is compatible with the iOS operating system of Apple Inc. (“Apple”). Apple is not a party to this Agreement and does not own and is not responsible for any App. Apple is not providing any warranty for any App, except if applicable, to refund the purchase price for such App. Apple is not responsible for maintenance or other support services for the App and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to any App, including, without limitation, any third-party product liability claims, claims that any App fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of any App, including those pertaining to intellectual property rights, must be directed to ATV in accordance with Section 27 below. The license You have been granted herein is limited to a non-transferable license to use the App on an Apple-branded product that runs Apple’s iOS operating system and is owned or controlled by You, or as otherwise permitted by the Usage Rules set forth in Apple’s App Store Terms of Service. In addition, You agree to comply with the terms of any third-party agreement that is applicable to You when using any App, such as Your wireless data service agreement. You hereby represent and warrant (a) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) You are not listed on any U.S. Government list of prohibited or restricted parties. You acknowledge and agree that Apple and Apple’s subsidiaries are third-party beneficiaries of this Agreement and that, upon Your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against You as a third-party beneficiary thereof. Notwithstanding the immediately preceding sentence, ATV’s right to enter into, rescind or terminate any variation, waiver or settlement under this Agreement is not subject to the consent of any third party.
27. Contact Us.
If You have any questions about this Agreement or the Services, please: (a) email ATV at email@example.com; or (b) write to ATV (and include Your email address) at Awesomeness, LLC, at 11821 Mississippi Avenue, Los Angeles, California 90025, Attention: Network Team.