FSIM furnishes the FSIM Sites and other FSIM Services for your personal enjoyment and entertainment. By visiting the FSIM Sites (whether or not you are a registered member) or using a FSIM Service, you accept and agree to be bound by this Agreement and to abide by all Applicable Laws, rules and regulations (collectively, "Applicable Law"). Please read through this Agreement carefully. FSIM may modify this Agreement at any time, and each such modification will be effective upon posting on the FSIM Sites. All material modifications will apply prospectively only. Your continued use of the FSIM Sites or any other FSIM Services following any modification of this Agreement constitutes your acceptance of and agreement to be bound by the Agreement as modified. It is therefore important that you review this Agreement regularly. If you do not agree to be bound by this Agreement and to abide by all Applicable Law, you must discontinue use of all FSIM Services immediately.
Your access to and use of certain FSIM Services may require you to accept additional terms and conditions applicable to such FSIM Services, in addition to this Agreement, and may require you to download software or Content (as defined below). In the event of a conflict between any such additional terms and this Agreement, such additional terms will prevail.
PLEASE NOTE THAT THE "ARBITRATION AGREEMENT" SECTION BELOW CONTAINS PROVISIONS THAT REQUIRE (i) WITH LIMITED EXCEPTIONS, ALL DISPUTES ARISING BETWEEN YOU AND COMPANY UNDER THIS AGREEMENT BE RESOLVED IN BINDING ARBITRATION, AND NOT IN COURT AND (ii) YOU AND FSIM WAIVE THE RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION IN CONNECTION WITH SUCH DISPUTES. PLEASE CLICK HERE TO REVIEW THE ARBITRATION AGREEMENT. BY USING THIS SITE AND ACCEPTING THIS AGREEMENT, YOU AGREE TO BE BOUND BY THE ARBITRATION AGREEMENT. PLEASE READ IT CAREFULLY.
Registration and Security
Use of the FSIM Services is limited to users 13 years of age and older. Some FSIM Services require you to create an account (including setting up a Fox Sports Interactive Media credential and password) to participate in or to secure additional FSIM Services, such as viewing and commenting on FSIM Content (defined below), purchasing FSIM Site Products, creating an FSIM Site profile and signing up for specific FSIM Site newsletters. To make it easier for you to create an account and interact with participating FSIM Services without having to maintain multiple sign-in credentials, FSIM has created the universal Fox Sports Interactive Media credential. The Fox Sports Interactive Media credential allows you to sign into participating FSIM Services with one email and password. In addition to your Fox Sports Interactive Media credential, you will have the ability to create an FSIM Site specific profile, which may include an FSIM Site username and profile, as part of your account. You take full responsibility for your participation on FSIM. As a condition of using certain features of FSIM, you may be required to register on FSIM and/or select a username and password. All registration information you submit directly to us or through a Third-Party Service (defined below) to create an account must be accurate and must be kept updated by you. Your failure to do so will constitute a breach of the Agreement, which may result in immediate termination of your account. You may not (i) select or use as a username a name of another person with the intent to impersonate that person; or (ii) use as a username a name subject to any rights of another person without appropriate authorization. FSIM reserves the right to refuse registration of, or cancel, a username, in its sole discretion. It is your responsibility to notify us of any changes in such information, including, but not limited to your contact information.
You are responsible for maintaining the confidentiality of all your passwords and are responsible for all use of your account. It is therefore critical that you do not share your account information with anyone. You may be held liable for losses incurred by FSIM, FSIM Affiliates (defined below) or any other FSIM user or visitor in the event someone else uses your account as a result of your failure to keep your account information secure and confidential and you agree to indemnify FSIM and all FSIM Affiliates from any third-party claims arising from such actions. You agree not to use the account, username, email address or password of another member or subscriber at any time and not to allow any other person to use your account. You agree to notify FSIM immediately if you suspect any unauthorized use of, or access to, your account or password. FSIM shall retain the right to change your username, but no obligation, for any reason, including, without limitation, if the username you have selected violates this Agreement. FSIM shall also retain the right, but no obligation, to review any profile pictures provided by you.
The FSIM Site is intended solely for your personal and non-commercial use. FSIM may change, suspend or discontinue the FSIM Site (or any feature thereof) at any time. FSIM may also impose limits on certain features and services offered on the FSIM Site or restrict your access to parts or all of the FSIM Site without notice or liability. You acknowledge that from time to time the FSIM Site may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which FSIM may undertake from time to time; or (iii) causes beyond the control of FSIM or which are not reasonably foreseeable by FSIM.
Unless terminated by FSIM in its sole discretion, this Agreement remains in full force and effect while you use the FSIM Services. You may terminate your account at any time, for any reason, in the following ways: (i) to terminate your account please send an email to the applicable FSIM Site’s feedback account listed here, Subject: Terminate FSIM Account. Please list the specific FSIM Site account you wish to terminate.; (ii) to terminate a specific FSIM Site newsletter subscription please log on to the specific FSIM Site account profile page and select your newsletter preferences or click the unsubscribe link on the bottom of the FSIM Site newsletter. FSIM may terminate your account, any subscription (both free and paid) and/or access to all (or any portion of) the FSIM Services at any time, for any or no reason, with or without prior notice or any explanation, and shall have no liability to you for such termination. Furthermore, even after your account subscription and/or access to the FSIM Services is terminated by you or FSIM, this Agreement will remain in full force and effect with respect to your past and future use of the FSIM Services. If we terminate your user account, subscription and/or access to the FSIM Services (or any portion of the FSIM Services) you may not create a new account, purchase a new subscription or try to access the FSIM Services without FSIM’s prior written approval. You agree that your account and/or subscription is non-transferable. Any rights to your account and/or the FSIM Services terminate upon your death.
You acknowledge that FSIM reserves the right to charge a fee for any portion of the FSIM Services. FSIM will provide you with advance notice of any such fees, including any change in the amount of such fees, and a way to cancel your account and/or subscription in the event you do not wish to pay the modified fee. If you continue to use the FSIM Services after the applicable fee has been imposed or increased, you are expressly agreeing to the subscription fee or increase thereto and you will be responsible for paying such fee for the balance of your subscription service. You will not be entitled to a refund of any unused portion of such fees or other payments if FSIM suspends or terminates your account, and/or access to an FSIM Site (or any portion of the FSIM Site), due to your breach of this Agreement or violation of Applicable Law, as determined by FSIM, in its sole discretion.
Purchasing FSIM Services or Products
FSIM makes no warranty, and to the fullest extent provided by law, accepts no liability for any loss or damages whatsoever, relating to or in connection with your placement of an order for a FSIM Site Product with the Processor. FSIM provides no refunds for, makes no warranty for, and accepts no liability regarding your purchase of a FSIM Site Product. You are solely responsible for any and all transactions utilizing your Personal Financial Information, including, but not limited to, any and all charges. You acknowledge and agree that, to the fullest extent permitted by law, in the event Processor experiences a data breach that affects your information, FSIM will in no way be responsible or liable to you for any such breach.
The FSIM is under no obligation to store any records related to purchases or other transactions you make through the FSIM Services. You should therefore maintain records of all your transactions. If you have any questions regarding your transactions or believe that there is an error or unauthorized transaction or activity associated with transactions utilizing your information, you must contact the Processor.
Limited Content License
The FSIM Services are offered for your personal use only and may not be used for commercial purposes. The FSIM Services contain information, text, files, images, video, sounds, musical works, works of authorship, software, applications, product names, company names, trade names, logos, designs, and any other materials or content (collectively, "Content") of FSIM, its licensors, or assignors ("FSIM Content"), as well as Content provided by users or other third parties. Content contained in the FSIM Services is protected by copyright, trademark, patent, trade secret and other laws and, as between you and FSIM, FSIM, its licensors, or its assignors, own and retain all rights in the FSIM Content. FSIM hereby grants you a limited, revocable, non-sublicensable, nontransferable license to access and display or perform the FSIM Content (excluding any software code) solely for your personal, non-commercial use in connection with using the FSIM Services. Except as provided in this Agreement, by prior written consent of FSIM, or as explicitly permitted on the FSIM Services, you may not copy, download, stream capture, reproduce, duplicate, archive, upload, modify, translate, publish, broadcast, transmit, retransmit, distribute, perform, display, sell, frame or deep-link, link to, make available, or otherwise use any Content contained in or through the FSIM Services.
Except as explicitly and expressly permitted by the FSIM or by the limited license set forth above, you are strictly prohibited from creating works or materials (including but not limited to fonts, icons, link buttons, wallpaper, desktop themes, on-line postcards, montages, mash-ups and similar videos, greeting cards and unlicensed merchandise) that derive from or are based on the FSIM Content. This prohibition applies regardless of whether such derivative works or materials are sold, bartered or given away. Also, you may not either directly or through the use of any device, software, internet site, web-based service or other means remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notice marked on the Content contained in the FSIM Services or any digital rights management mechanism, device, or other content protection, copy control or access control measure associated with the Content contained in the FSIM Services including geo-filtering mechanisms. Except as explicitly and expressly permitted by the FSIM or as necessary in order to make reference to the FSIM, its products and services in a purely descriptive capacity, you are expressly prohibited from using any FSIM Content in any manner. If you reference the FSIM Sites, other FSIM Services or FSIM Content, as permitted above, you must not represent in any way, expressly or by implication, that you have received the endorsement, sponsorship or support of the FSIM Sites, FSIM Services, FSIM or FSIM brands, including its respective licensors, employees, agents, directors, officers and/or shareholders.
You may not, without the FSIM’s written permission, "mirror" any Contents contained on the FSIM Site or any other server. You may not use the FSIM Site for any purpose that is unlawful or prohibited by the Agreement. You may not use the FSIM Site in any manner that could damage, disable, overburden, or impair the FSIM Site, or interfere with any other party’s use and enjoyment of the FSIM Sites. You may not attempt to gain unauthorized access to the FSIM Site through hacking, password mining or any other means. FSIM reserves the right, in its sole discretion, to terminate your access to the FSIM Site, or any portion thereof, at any time, for any reason or for no reason at all, without prior notice or any notice.
Restrictions on Use of FSIM Services
FSIM reserves the right to remove commercial Content in its sole discretion. You understand that you are responsible for all User Content that you post, upload, transmit, email or otherwise make available on, through or in connection with the FSIM Services. Additionally, you acknowledge that you have no expectation of privacy in or confidentiality with respect to your User Content. Accordingly, please choose carefully the information that you post on, through or in connection with the FSIM Services. You understand that FSIM does not control the User Content posted by users via the FSIM Services and, as such, you understand you may be exposed to offensive, inaccurate or otherwise objectionable User Content. FSIM assumes no responsibility or liability for any User Content. If you become aware of any misuse of FSIM Services, please report this immediately to the applicable FSIM Site. Please click here for a complete list of FSIM Site contact information. FSIM assumes no responsibility for monitoring the FSIM Services for inappropriate Content or conduct. If at any time, FSIM chooses in its sole discretion to monitor the FSIM Services, FSIM nonetheless assumes no responsibility for Content other than FSIM Content, assumes no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of any user or visitor.
You agree not to use the FSIM Services to:
You will not (i) use technology or any other means that is not authorized by the FSIM Sites to access, index, frame, or link to the FSIM Sites or FSIM Services (including the Content) (including by removing disabling, bypassing, or circumventing any content protection or access control mechanisms intended to prevent the unauthorized download, stream capture, linking, framing, reproduction, access to, or distribution of FSIM Content) or (ii) access the FSIM Sites or FSIM Services (including the Content) through any automated means, including "robots," "spiders," or "offline readers" (other than by individually performed searches on publicly accessible search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices – but not caches or archives – of the FSIM Sites or other FSIM Service and excluding those search engines or indices that host, promote, or link primarily to infringing or unauthorized content.
In addition, you agree you will not use the FSIM Services in any manner inconsistent with any and all Applicable Law.
FSIM reserves the right, but disclaims any obligation or responsibility, to remove User Content that violates this Agreement, as determined by FSIM, or for any other reason, in FSIM’s sole discretion and without notice to you. You acknowledge that the FSIM reserves the right to investigate and take appropriate legal action against anyone who, in FSIM’s sole discretion, violates this Agreement, including but not limited to, terminating their user account and/or subscription and/or reporting such User Content, conduct, or activity to law enforcement authorities.
You acknowledge, consent and agree that FSIM may access, preserve or disclose information you provide to the FSIM Sites or other FSIM Services or that we have collected about you, including User Content and your account registration information, including when FSIM has a good faith belief that such access, preservation or disclosure is necessary in order to: (i) protect, enforce, or defend the legal rights, privacy, safety, or property of FSIM, our parents, subsidiaries or affiliates ("FSIM Affiliates"), or their employees, agents and contractors (including enforcement of this Agreement or our other agreements); (ii) protect the safety, privacy, and security of users of the FSIM Services or members of the public including in urgent circumstances; (iii) protect against fraud or for risk management purposes; (iv) comply with the law or legal process; or (v) respond to requests from public and government authorities. If FSIM sells all or part of its business or makes a sale or transfer of its assets or is otherwise involved in a merger or transfer of all or a material part of its business, FSIM may transfer your information to the party or parties involved in the transaction as part of that transaction.
FSIM reserves the right to limit the storage capacity of User Content. You assume full responsibility for maintaining backup copies of your User Content, and FSIM assumes no responsibility for any loss of your User Content due to its being removed by FSIM or for any other reason.
Message Boards and Forums
FSIM may offer users the ability to post messages on message boards and forums (collectively, "Forums"), which may be open to the public generally, to all users of the FSIM Services, or to a select group of users. You acknowledge that all Content posted on Forums is User Content, and by posting on Forums you agree to comply with the rules and restrictions on User Content set forth above and any other rules specifically applicable to such Forums. FSIM reserves the right, but disclaims any obligation or responsibility, to prevent you from posting User Content to any Forum and to restrict or remove your User Content from a Forum or refuse to include your User Content in a Forum for any reason at any time, in FSIM’s sole discretion and without notice to you.
You acknowledge that messages posted on such Forums are public, and FSIM cannot guarantee the security of any information you disclose through any Forum; you make such disclosures at your own risk. FSIM is not responsible for the content or accuracy of any information posted on a Forum and shall not be responsible for any decisions made based on such information. We ask that you do not disclose any personal or sensitive information on or through the FSIM Services, including, without limitation, in the Forums.
Your Proprietary Rights in and License to Your User Content
FSIM does not claim any ownership rights in the User Content that you post, upload, email, transmit, or otherwise make available (collectively, "Transmit") on, through or in connection with the FSIM Services, except with respect to your unsolicited submissions, as described under "Unsolicited Submissions" below; provided, however, that User Content shall not include any FSIM Content or content owned or controlled by a FSIM Affiliate. By posting or Transmitting any User Content on, through or in connection with the FSIM Services, you hereby grant to FSIM and FSIM Affiliates, licensees, assignees, and authorized users a worldwide, perpetual, irrevocable, non-exclusive, fully-paid and royalty-free, freely sublicensable, transferable (in whole or in part) right (including any moral rights) and license to use, modify, excerpt, adapt, publish, translate, create derivative works and compilations based upon, publicly perform, publicly display, broadcast, reproduce, sublicense, and distribute such User Content, including your name, voice, likeness and other personally identifiable information to the extent that such is contained in User Content, anywhere, in any form and on and through all media formats now known or hereafter devised, for any and all purposes including, but not limited to, promotional, marketing, trade or any non-commercial or commercial purposes. Additionally, FSIM is free to use any ideas, concepts, know-how, or techniques contained within such User Content for any purpose including, but not limited to, developing, manufacturing, marketing and providing commercial products and services, including FSIM Services. FSIM’s use of such User Content shall not require any further notice or attribution to you and such use shall be without the requirement of any permission from or any payment to you or any other person or entity. You hereby appoint FSIM as your agent with full authority to execute any document or take any action FSIM may consider appropriate in order to confirm the rights granted by you to FSIM in this Agreement.
You represent and warrant that: (i) you own the User Content Transmitted by you on, through or in connection with the FSIM Services, or otherwise have the right to grant the license set forth in this Section, and (ii) the Transmission of User Content by you on, through or in connection with the FSIM Services and Third Party Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of the use of any User Content Transmitted by you on or through the FSIM Services or Third Party Services.
If you delete your User Content from the FSIM Services, FSIM’s license to such User Content will end after a reasonable period of time necessary for the deletion to take full effect. However, the User Content may be retained in the FSIM’s back-up copies of the FSIM Services, which are not publicly available. Furthermore, to the extent that FSIM made use of your User Content before you deleted it, FSIM will retain the right to make such pre-existing uses even after your User Content is deleted. You acknowledge that (i) deletion of your User Content from FSIM Services will not result in, and FSIM assumes no responsibility for, the deletion of such User Content by any third parties who were provided with or had access to such User Content prior to your deleting it from the FSIM Services, and (ii) termination of your account or your use of the FSIM Services will not result in the immediate or automatic deletion of your User Content consistent with this Agreement.
Removal of Material that Infringes Copyrights
FSIM respects the intellectual property of others and requires that our users do the same. FSIM will respond expeditiously to claims of copyright infringement and reserves the right to remove or disable access to any Content that infringes the copyright of any person under the laws of the United States upon receipt of a notice that substantially complies with the requirements of 17 U.S.C. § 512(c)(3) as set forth below. FSIM also has a policy that provides for the termination in appropriate circumstances of subscribers and account holders of FSIM Services who are repeat infringers.
If you believe material on FSIM Services infringes your copyright.
If you believe that any material residing on or linked to from FSIM Services infringes your copyright, you must send FSIM's designated Copyright Agent a written notification of claimed infringement that contains substantially all of the following information:
(a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
(b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the FSIM Services (such as the URL(s) of the claimed infringing material);
(c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and an email address;
(d) 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;
(e) a statement by you that the above information in your notification is accurate and a statement by you, made under penalty of perjury, that you are the owner of an exclusive right that is allegedly infringed or are authorized to act on the owner's behalf; and
(f) your physical or electronic signature.
FSIM’s Copyright Agent for notification of claimed infringement can be as follows:
2121 Avenue of the Stars, Suite 900
Los Angeles, CA 90067
This contact information is exclusively for the purpose of notifying FSIM of claimed infringement. Please be advised that requests sent to the Copyright Agent without the appropriate subject line or for purposes other than communication about copyright claims may not be reviewed or responded to.
If you posted material to FSIM Service that was removed due to notice by a copyright owner.
If you posted material to FSIM Services that FSIM removed due to a notice of claimed infringement from a copyright owner, FSIM 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 FSIM Sites or FSIM Service or by written or electronic communication to such address(es) you have provided to FSIM, if any.
You may provide counter-notification in response to such notice in a written communication directed to the Copyright Agent as described above, that includes the following:
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.
Third Party Links and Services
FSIM takes no responsibility for third party advertisements which are posted on the FSIM Sites or other FSIM Services, nor does it take any responsibility for the goods or services provided by its advertisers.
You are solely responsible for your interactions with other users of the FSIM Sites and other FSIM Services, providers of Third Party Services, Processors or any other parties with whom you interact on, through or in connection with the FSIM Services. FSIM reserves the right, but has no obligation, to become involved in any way with any disputes between you and such parties.
THE FSIM SERVICES ARE PROVIDED "AS-IS" AND "AS AVAILABLE" AND FSIM DOES NOT GUARANTEE OR PROMISE ANY SPECIFIC RESULTS FROM USE OF OR CONTINUOUS AVAILABILITY OF THE FSIM SERVICES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FSIM EXPRESSLY DISCLAIMS ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND WARRANTIES IMPLIED FOR A COURSE OF PERFORMANCE OR COURSE OF DEALING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, FSIM MAKES NO WARRANTY THAT YOUR USE OF THE FSIM SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS TO THE FSIM SERVICES WILL BE CORRECTED, THAT THE FSIM SERVICES OR THE SERVERS ON WHICH THEY ARE AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY INFORMATION OBTAINED BY YOU ON, THROUGH OR IN CONNECTION WITH THE FSIM SERVICES OR THIRD PARTY SERVICES (INCLUDING, BUT NOT LIMITED TO, THROUGH USER CONTENT OR THIRD PARTY ADVERTISEMENTS) WILL BE ACCURATE, RELIABLE, TIMELY OR COMPLETE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW THE FSIM WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF DATA, PROPERTY DAMAGE, PERSONAL INJURY OR DEATH) RESULTING FROM USE OF THE FSIM SERVICES, PROBLEMS OR TECHNICAL MALFUNCTION IN CONNECTION WITH USE OF THE FSIM SERVICES, ATTENDANCE AT A FSIM EVENT, ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED IN CONNECTION WITH THE FSIM SERVICES, ANY USER CONTENT, ANY THIRD PARTY ADVERTISEMENT OR THIRD PARTY SERVICE TRANSMITTED ON, THROUGH OR IN CONNECTION WITH THE FSIM SERVICES, OR THE CONDUCT OF ANY USERS OF THE FSIM SERVICES, WHETHER ONLINE OR OFFLINE. YOUR USE OF USER CONTENT, THIRD PARTY ADVERTISEMENTS, THIRD PARTY SERVICES AND THE GOODS OR SERVICES PROVIDED BY ANY THIRD PARTIES IS SOLELY YOUR RESPONSIBILITY AND AT YOUR OWN RISK.
YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE FSIM SERVICES, AND ANY INFORMATION TRANSMITTED OR RECEIVED IN CONNECTION THEREWITH, MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW YOU ASSUME RESPONSIBILITY, TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, FOR THE ENTIRE COST OF ANY MAINTENANCE, REPAIR OR CORRECTION TO YOUR COMPUTER SYSTEM OR OTHER PROPERTY OR RECOVERY OR RECONSTRUCTION OF LOST DATA NECESSITATED BY YOUR USE OF THE FSIM SERVICES. USER CONTENT, THIRD-PARTY ADVERTISEMENTS AND THIRD-PARTY SERVICES DO NOT NECESSARILY REFLECT THE OPINIONS OR POLICIES OF FSIM OR OUR FSIM AFFILIATES.
Limitation of Liability
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FSIM'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO FSIM FOR THE FSIM SERVICES DURING THE TERM OF YOUR USE OF THE FSIM SERVICES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FSIM WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OTHER THAN THE AMOUNT PAID, IF ANY, BY YOU TO FSIM FOR THE FSIM SERVICES DURING THE TERM OF YOUR USE OF THE FSIM SERVICES, INCLUDING ANY OTHER GENERAL, DIRECT, INDIRECT, COMPENSATORY, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, AND INCLUDING, WITHOUT LIMITATION, LOST PROFIT DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE FSIM SERVICES.
YOU ACKNOWLEDGE AND AGREE THAT ANY DAMAGES YOU INCUR ARISING OUT OF FSIM’S ACTS OR OMISSIONS OR YOUR USE OF FSIM SITES OR THE FSIM SERVICES ARE NOT IRREPARABLE AND ARE INSUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING THE AVAILABILITY OF OR ANY PERSON’S ABILITY TO ACCESS ANY PORTION OF A FISM SITE OR THE FSIM SERVICES.
THE LIMITATIONS IN THIS SECTION APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF FSIM HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
United States Jurisdiction
FSIM provides the FSIM Services in the United States of America. FSIM does not represent that the FSIM Content or the FSIM Services are appropriate (or, in some cases, available) for use in other locations. If you use the FSIM Sites or the FSIM Services from a jurisdiction other than the United States, you agree that you do so of your own initiative, and you are responsible for complying with local laws as applicable to your use of the FSIM Sites or the FSIM Services.
Not all of the FSIM Site Products are available worldwide or nationwide, and FSIM makes no representation that you will be able to obtain any FSIM Site Product in any particular jurisdiction, either within or outside of the United States.
U.S. Export Controls
Software available in connection with the FSIM Services is further subject to United States export controls. No such software may be downloaded from the FSIM Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using such software is at your sole risk.
Arbitration Agreement and Class Action Waiver
(1) FSIM, including its FSIM Affiliates, agents, employees, predecessors in interest, successors, and assigns, and you agree that any Dispute (as defined herein) between you and FSIM, regarding any aspect of your relationship with FSIM, will be resolved in a binding, confidential, individual and fair arbitration process, and not in court. Each of you and FSIM agrees to give up the right to sue in court.
(3) Each of you and FSIM also agrees to give up the ability to seek to represent, in a class action or otherwise, anyone but each of you and FSIM (see paragraph 9 below).
(7) If either you or FSIM wish to arbitrate a claim, you or FSIM must first send by mail to the other a written Notice of Dispute ("Notice") that sets forth the name, address, and contact information of the party giving notice, the specific facts giving rise to the Dispute, the FSIM Service to which the Notice relates, and the relief requested. Your Notice to the FSIM must be sent by mail to: Arbitration Notice of Dispute, 2121 Avenue of the Stars, 7th Floor, Los Angeles, California, 90067. FSIM will send any Notice to you at the contact information we have for you or that you provide. It is the sender’s responsibility to ensure that the recipient receives the Notice. During the first 45 days after you or we send a Notice to the other, you and we may try to reach a settlement of the Dispute.
(8) If you and we do not resolve the Dispute within 45 days, either you or we may initiate arbitration in accordance with the JAMS Rules. Further instructions on submitting a Demand for Arbitration may be found at http://www.jamsadr.com/files/Uploads/Documents/JAMS_Arbitration_Demand.pdf . In addition to filing this Demand for Arbitration with JAMS in accordance with its rules and procedures, you must send a copy of this completed Demand for Arbitration to the FSIM at the address listed above to which you sent your Notice of Dispute.
(9) You and the FSIM acknowledge and agree to abide by the following rules for arbitration:
(10) JAMS charges filing and other fees to conduct arbitrations. Ordinarily, the claimant has to pay the filing fee to initiate arbitration, but if you wish to commence an arbitration against FSIM, you and the FSIM acknowledge and agree to abide by the following:
(11) Regardless of how the arbitration proceeds, each of you and FSIM shall cooperate in good faith in the exchange of non-privileged documents and information as necessary in accordance with the JAMS Rules, and the arbitrator shall issue a reasoned written decision sufficient to explain his or her findings and conclusions.
(12) Each of you and FSIM may incur attorneys’ fees during the arbitration. Each side agrees to pay his, her or its own attorneys' fees unless the claim(s) at issue permit the prevailing party to be paid its attorneys' fees, and in such instance, the fees awarded shall be determined by the Applicable Law(s). In addition to whatever rights you may have to recover your attorneys’ fees under Applicable Law, if you prevail in the arbitration, and if FSIM failed to make a settlement offer to you before the arbitration or the amount you win is at least 25% greater than FSIM’s highest settlement offer, then FSIM will pay your reasonable attorneys’ fees in addition to the amount the arbitrator awarded. If FSIM wins the arbitration, you will be responsible for your own attorneys’ fees. In addition, if the arbitrator, at the request of the winning party, finds that the losing party brought a claim or asserted a defense frivolously or for an improper purpose, then regardless of the amount in dispute, the arbitrator must order the losing party to pay both sides’ arbitration fees and may order the losing party to pay the winning party’s reasonable attorneys’ fees, unless such an award of fees is prohibited by Applicable Law.
(14) You and FSIM agree to maintain the confidential nature of the arbitration proceeding and shall not disclose the fact of the arbitration, any documents exchanged as part of any mediation, proceedings of the arbitration, the arbitrator’s decision and the existence or amount of any award, except as may be necessary to prepare for or conduct the arbitration (in which case anyone becoming privy to confidential information must undertake to preserve its confidentiality), or except as may be necessary in connection with a court application for a provisional remedy, a judicial challenge to an award or its enforcement, an order confirming the award, or unless otherwise required by law or court order. In keeping with the confidential nature of the arbitration, You and FSIM agree that an order confirming award is only necessary if the obligations of the award have not been performed. Therefore, before taking any steps to confirm the arbitration award, the party seeking confirmation of the award must give the other party notice of its intention to confirm the award. If the party who would be the respondent in any such confirmation proceeding performs its obligation under the terms of the arbitration award within 15 business days of such notice, the party who gave notice of its intent to confirm the award shall not seek to confirm or otherwise enforce the award.
(15) With the exception of subpart (a) in paragraph (9) (i.e., the waiver of the ability to proceed on behalf of multiple claimants or a purported class), if any part of this Arbitration Agreement is deemed invalid, unenforceable, or illegal, then the balance of this Arbitration Agreement shall remain in effect and be construed in accordance with its terms as if the invalid, unenforceable, or illegal provision were not contained. If, however, subpart (a) in paragraph (9) is found invalid, unenforceable or illegal, then the entirety of this Arbitration Agreement shall be null and void, but the rest of these Terms, including the provisions governing where actions against FSIM must be pursued, the choice of governing law, and our mutual waiver of the right to a trial by jury, will remain in effect and apply to any claim that, for this or any other reason, proceeds in court rather than in arbitration.
This Agreement will be governed by, and construed in accordance with, the laws of the State of New York, without regard to its conflict of law provisions.
Except with respect to Disputes to be resolved through an arbitration process in accordance with the Arbitration Agreement contained above, you and FSIM agree to submit to the exclusive jurisdiction of the courts located in New York, New York to resolve any Dispute arising out of the Agreement or the FSIM Services.
YOU HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT.
YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE SITE OR THE FSIM SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER SUCH CAUSE OF ACTION ACCRUES. AFTER SUCH PERIOD, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
You agree to indemnify and hold FSIM, its FSIM Affiliates, stations affiliated with FSIM, producers of FSIM content, each advertiser, sponsor and their advertising agencies, subcontractors and other partners, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including, but not limited to, reasonable attorneys' fees, made by any third party due to or arising out of or in connection with your use or misuse of the FSIM Sites or the FSIM Services (including, without, limitation, any use of your account, whether or not authorized by you), your breach of this Agreement, your violation of any rights of another or any Content that you Transmit through the FSIM Services.
FSIM does not knowingly accept, via the FSIM Services or otherwise, unsolicited submissions including, without limitation, submissions by you of blog ideas, articles, scripts, story lines, fan fiction, characters, drawings, information, suggestions, proposals, ideas or concepts. FSIM requests that you do not make any unsolicited submissions. Any similarity between an unsolicited submission and any elements in any FSIM or Affiliated FSIM creative work including, without limitation, a film, series, story, title or concept would be purely coincidental. If you do send any submissions to FSIM via the FSIM Services that are unsolicited (including but not limited to any Forum), however, you agree that (i) your unsolicited submissions are not being made in confidence or trust and that by making such submissions no contractual or fiduciary relationship is created between you and FSIM; (ii) any such unsolicited submissions and copyright become the property of and will be owned by FSIM (and are not User Content licensed by you to FSIM under "Your Proprietary Rights in and License to Your User Content") and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as FSIM sees fit; (iii) you are not entitled to any compensation, credit or notice whatsoever in connection with such submissions; and (iv) by sending an unsolicited submission you waive the right to make any claim against FSIM or FSIM Affiliates relating to any unsolicited submissions by you, including, without limitation, unfair competition, breach of implied contract or breach of confidentiality.
FSIM may, from time to time, post FSIM employment opportunities on the FSIM Services and/or invite users to submit resumes to it. If you choose to submit your name, contact information, resume and/or other personal information to FSIM in response to employment listings, you are authorizing FSIM to utilize this information for all lawful and legitimate hiring and employment purposes. FSIM also reserves the right, at its sole discretion, to forward the information you submit to its FSIM Affiliates for legitimate business purposes. Nothing in this Agreement or contained in the FSIM Services will constitute a promise by FSIM to contact, interview, hire or employ any individual who submits information to it, nor will anything in this Agreement or contained in the FSIM Services constitute a promise that FSIM will review any or all of the information submitted to it by users of the FSIM Services.
The failure of FSIM to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right or provision. The Section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. Except as otherwise expressly provided herein, if any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
You agree that any notices the FSIM may be required by Applicable Law to send to you will be effective upon FSIM’s sending an e-mail message to the e-mail address you have on file with FSIM or publishing such notices on the informational page(s) of the FSIM Services.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and FSIM as a result of this Agreement or your use of the FSIM Services. A printed version of this Agreement and of any notice related to it shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent as other business documents and records originally generated and maintained in printed form.
Nothing contained in this Agreement limits FSIM’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the FSIM Services or information provided to or gathered by us in connection with such use.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.