Effective July 13, 2018
Your access to and use of certain Company Services may require you to accept additional terms and conditions applicable to such Company Services, including any future modifications, and/or an end user license agreement that might accompany a Company application, feature or device, in addition to this Agreement (collectively, “Additional Terms”), and may require you to download software or Content (as defined below) The Additional Terms are made a part of this Agreement by this reference. In the event of a conflict, between any such Additional Terms and this Agreement, such Additional Terms will prevail over this Agreement with respect to your use of that specific Company Service.
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 HANDLED BY ARBITRATION, AND (II) YOU AND COMPANY WAIVE THE RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION IN CONNECTION WITH SUCH DISPUTES. PLEASE CLICK HERE TO REVIEW THE ARBITRATION AGREEMENT BELOW.
To be eligible to access the Company Services, you must meet the following criteria (the “Eligibility Criteria”): (1) you must reside within a country of Latin America or the Caribbean (the “Company Service Territory”); (2) you must be a subscriber with an account in good standing with a television provider authorized by Company to distribute Company’s channels (“Distributor”); (3) you must set up an on-line account with your Distributor (“Distributor Account”) and be authorized by your Distributor to view the requested Content via the Company Services; and (4) in some instances you may be required to create a Company Services Profile (as defined below). Certain Content can be accessed on the Company Services without the need to be a subscriber to a Distributer provided that you are located in the Company Service Territory (the “Unauthenticated Content”). Company reserves the right, in its sole discretion and at any time, to limit such Unauthenticated Content, to disable access to such Unauthenticated Content or require you to meet all of the Eligibility Requirements to view the Unauthenticated Content.
Company may modify, suspend, or discontinue the Company Services (or any feature thereof) at any time. Company may impose limits on certain services provided in the Company Services or restrict your access to parts or all of the Company Services without notice or liability. You acknowledge that from time to time the Company Services may be inaccessible or inoperable for any reason, including, but not limited to: (i) equipment malfunctions; (ii) maintenance procedures or periodic repairs that Company may make from time to time; and (iii) reasons beyond the control of Company or for reasons that are not reasonably predictable by Fox.
To access some of the Company Services you will be required to select your Distributor and will be redirected to your Distributor’s website registration page where you will be required to register directly with your Distributor (the “Distributor Site”). The Distributor Site is hosted and managed by your Distributor and Company has no control over the Distributor Site or the Distributor’s registration page. Please contact your Distributor directly for questions related to your Distributor subscription account, including how to access or cancel your account ("Distributor Account").
In addition to having a Distributor Account, some Company Services require you to create a Company Services Profile (which may require you to set up a username and submit your email to Company) to participate in or to secure additional Company Services, such as viewing and commenting on Company Content (defined below), establishing parental controls, purchasing Company Site Products, and signing up for specific Site newsletters (“Company Services Profile”).
In the event you wish to customize viewable Content please review the Parental Controls information in section 5 of this Agreement.
You are responsible for all activity occurring under your Distributor Account and Company Service Profile, including maintaining the confidentiality of your account information, where applicable and setting the appropriate Parental Controls. It is therefore critical that you do not share your password with anyone. You agree that you will: (i) immediately notify your Distributor of any unauthorized use of your Distributor Account information; (ii) make sure that you and any of your authorized household members properly exit the Company Services at the completion of each session. Company and its partners and distributors shall not be liable for any loss or damage arising from your use or misuse of your Distributor Account, Company Profile or failure to comply with the registration requirements. It is a condition of use of the Company Services that all the details you provide will be correct, current, and complete and will not violate Applicable Law. If Company,Company’s Affiliates or a Distributor believe the details are not correct, current or complete, or that you have otherwise violated this Agreement or any Applicable Law, we have the right to suspend or terminate your or refuse you access to the Company Services and any of its resources. All registration information you submit to create a Distributor Account or Company Site Profile must be accurate and must be kept updated. You agree not to use the account, username, email address or password of another person at any time. You agree to notify Company immediately if you suspect any unauthorized use of, or access to, your Company Services Profile account.
(A) Company grants you a limited, non-exclusive, non-transferable, revocable, license to access, use and privately display the Company Services solely as provided in this Agreement solely for your personal, non-commercial use and provided that you continue to meet all of the Eligibility Criteria and that you are not in breach of this Agreement. Please note that in order to access the Company Services, your device must be connected to the internet and you will be solely responsible for the cost and maintenance of any such Internet connection. Additionally, the Company Services will only operate on certain hardware and software platforms specified at the Help feature of the Company Services. It is your sole responsibility to ensure that you have access to the appropriate platforms required to access the Company Services. Please check the requirements periodically, as Company reserves the right to change or cease support of any hardware or software platforms at any time.
(B) This license will enable you to view, preview, select, stream and access video, audio, graphics, photos, text, special features, software, musical works, works of authorship, applications, sounds and/or messages (collectively “Content”) via the Company Services in accordance with the terms of this Agreement during the timeframe in which you meet the Eligibility Requirements and for the duration requested Content item is accessible through the Company Service (the “Content Access Window”). Any copy of the Company Services, Content or any portion thereof will constitute a violation of copyright. Violation of this Agreement in any manner automatically terminates the license granted to you herein and obligates you to cease all use of the Company Services.
The Company Services may contain mature content, which may not be appropriate for children. Where possible, content is rated according to guidelines established by the Motion Picture Association of America or television ratings/content advisories. However, some Content may not be rated and/or may contain violence, sexual content and mature themes. Such Content is intended for those persons over the age of 18, or those persons who have received consent from a parent or guardian.
If you wish to restrict certain Content made available to you on the Company Services, you may take advantage of the Parental Controls feature of the Company Services by accessing the "Parental Controls" section within your Company Services Profile to establish and manage Parental Control settings. You must have a Company Services Profile established in order to use this feature. Parental Controls allow you to set movie and television ratings for certain Content made available on Company Services and are designed to limit access to Content based on the ratings selection. Please note that any parental controls that you may have established directly with your Distributor will not apply on the Company Services. In order to restrict Content on the Company Services you will need to establish the Parental Controls as set forth above.
If you choose to access or allow a household member to access any adult or mature Content on the Company Services, you acknowledge and agree that exposure to visual images and sounds that may depict nudity, sexual activity, violence, adult language, or are otherwise graphic in nature may occur. You agree that use of the Company Services is at your sole risk and that Company shall have no liability to you or any of your household members for the type of Content that you may access or allow to be accessed. It is your responsibility to ensure that the Content accessed by you and/or your household members does not violate Applicable Laws or other requirements of the applicable community.
CONTENT AND CONTENT LIMITATIONS
Content, including but not limited to video, audio, graphics, photos text, special features, software and messages may be streamed to you or otherwise made available to you. Please note that some Content items may specify a Content Access Window in which you will be able to view the Content. Because these Content Access Windows may vary, you should pay close attention to the description provided with the Content. During the applicable Content Access Window, you will be able to view the Content as many times as you want, BUT ONCE THE CONTENT ACCESS WINDOW FOR A PARTICULAR CONTENT ITEM TERMINATES, YOU WILL NO LONGER HAVE THE ABILITY TO ACCESS THAT PIECE OF CONTENT. It is your responsibility to monitor the Content Access Window for each piece of Content available via the Company Services, and Company, Company Affiliates and its partners accept no liability for any Content Access Windows or the expiration thereof.
Company reserves the right, in its sole discretion, to disable access to any Content at any time, regardless of the posted Content Access Windows or its programming schedules.
Please note that not all Content will be available for all purposes, and that access to certain Content may depend upon your geographic location (i.e., you will not be able to access content from outside the Service Territory), whether you are able to maintain an Internet connection, available bandwidth and equipment used to access the Company Services. You should be sure to read the detailed description near each piece of Content to determine options for viewing or accessing that Content. While we do our best to keep the Content descriptions up-to-date, Company does not warrant that such descriptions will always be complete, current, or accurate. No transfer of ownership to any portion of the Content shall be made as a result of any access you are granted to the Company Services as a result of your Distributor Account or Company Services Profile.
The Company Services contain information, text, files, images, video, sounds, musical works, works of authorship, materials, applications, software, product names, company names, trade names, logos, designs, and any other materials or content (collectively, "Content") of Company and Company, our parents, subsidiaries or affiliates (“Company Affiliates”) and their licensors and assignors ("Company Content"), as well as materials and Content provided by users (“User Content”) or other third-parties. Company Content contained in the Company Services is protected by copyright, trademark, patent, trade secret and other laws and, as between you and Company, Company, its licensors, or its assignors, own and retain all rights in the Company Content and Company Services. Company hereby grants you a limited, revocable, nonsublicensable, nontransferable license, to access and display or perform the Company Content (excluding any software code) solely for your personal, non-commercial use, in connection with using the Company Services. The Company Services may also contain User Content. Except as provided in this Agreement or as explicitly allowed in the Additional Terms on the applicable Company Service, 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, make available or otherwise use any Content contained in or through the Company Services.
Except as explicitly and expressly permitted by Company, 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 Company Content. This prohibition applies regardless of whether the 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 Company Content contained in the Company Services or any digital rights management mechanism, device, or other content protection, copy control, or access control measure associated with the Company Content, including geo-filtering mechanisms. Except as necessary in order to make reference to Company or Company Services in a purely descriptive capacity, you are expressly prohibited from using any Company Content in any manner.
You cannot, without the written permission of Company, copy any content included in the Company Services or any other server. You may not use the Company Services for any purpose that is unlawful or prohibited by the Agreement. It is forbidden to use the Company Services in any manner that could damage, disable, overburden or impair the Company Services, or interfere with the use and privilege of the Company Services by third parties. You may not attempt to gain unauthorized access to the Company Services through piracy, password mining or any other means. Company reserves the right, at its discretion, to suspend your access to the Company Services, or any part thereof, at any time, for any reason, without warning and without notice.
SERVICE UPDATES AND SOFTWARE
At various times, Company may choose to make available updates, bug fixes, or other changes or enhancements to the Company Services (collectively, “Service Updates”). Service Updates may be: (i) automatic, such as in connection with general website changes and additional features or updates to data required by the Company Services; (ii) at your election, in which instance you will receive information and instructions for how to authorize optional Service Updates; and (iii) mandatory, in which case you will be required to consent to the Service Update or install or upgrade a third-party plug-in if you wish to maintain continued access to the Company Services. In order to enjoy the best experience and access to available Content, it is necessary to update your devices to the latest available version.
NO ADDITIONAL CHARGE TO DISTRIBUTOR SUBSCRIBERS
The Company Content available to you through the Company Services is at no additional charge by Company provided you meet the Eligibility Criteria. You should contact your Distributor to learn about the specific details of your subscription.
Unless terminated by Company in its sole discretion, this Agreement remains in full force and affect while you use the Company Services. You may terminate your Company Services Profile at any time, for any reason, in the following ways: (i) to terminate your Company Services Profile please send an email to the Company email@example.com, Subject: Terminate Company Services Profile; and (ii) to terminate a Company Services newsletter subscription please log on to your Company Profile and select your newsletter preferences or click the unsubscribe link on the bottom of the Site newsletter. To terminate your Distributor Account you must contact your Distributor.
Company may terminate your Company Services Profile, any subscription (both free and paid) and/or access to all (or any portion of) the Company Services at any time, for any or no reason, with or without prior notice or any explanation, and without liability. Furthermore, even after your account subscription and/or access to the Company Services is terminated by you or Company, this Agreement will remain in full force and effect with respect to your past and future use of the Company Services. If we terminate your Company Services Profiles, subscription and/or access to the Company Services (or any portion of the Company Services) you may not create a new account, purchase a new subscription or try to access the Company Services without Company's prior written approval. You agree that your Company Services Profile, your Distributor Account and/or subscription is non-transferable. Any rights to your account and/or Company Services terminate upon your death.
If you need assistance with the video player or viewing Company Content through the Company Services and are unable to resolve your question via our Fox Play
Frequently Asked Questions help.foxplay.com,please contact your Distributor's website.For questions related to your account and billing please contact your Distributor.
You acknowledge that Company reserves the right to charge subscription fees for any portion of the Company Services. The Company will provide you advance notice of any such fees, including any change in the amount of such fees, and a way to cancel your account in the event you do not wish to pay the modified fee. If you continue to use the Company Services after the applicable subscription 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 subscription fee for the balance of your subscription. You will not be entitled to a refund of any unused portion of such fees or other payments if Company suspends or terminates your account, and/or access to the Company Services (or any portion of the Company Services), due to your breach of this Agreement or violation of Applicable Law, as determined by Company, in its sole discretion.
SUBSCRIPTIONS AND TRIALS
While we may offer certain the Company Services free and certain Company Content is available on the Company Services for you at no additional cost, so long as it complies with the Eligibility Requirements, certain Company Services will only be available by purchasing a subscription through your Distributor, and paying your Distributor a fee to access the Company Services. The Company Services that are available under subscription may include different offers of content and features with different benefits, conditions and limitations. You can find specific details about your subscription at any time by logging in with your Distributor and viewing the details of your account. For more information about the different subscriptions available for purchase in the Company Services Territory, where applicable, please contact your Distributor.
PURCHASING COMPANY SITE PRODUCTS
Company makes no warranty, and accepts no liability for any loss or damages whatsoever, relating to or in connection with your placement of an order for a Company Site Product with the Processor. Company provides no refunds for, makes no warranty for and accepts no liability, regarding purchases you make on or through any Company Service. 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 in the event Processor experiences a data breach that affects your Personal Financial Information, Company will in no way be responsible or liable to you for any such breach.
Company will not store any record of Personal Financial Information related to purchases or other transactions you make through the Company 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 Personal Financial Information, you must contact the Processor.
YOUR USE OF COMPANY SERVICES
Company reserves the right to remove commercial Content and User 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 Company 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 Company Services. You understand that Company does not control the User Content posted by users via the Company Services and, as such, you understand you may be exposed to offensive, indecent, inaccurate or otherwise objectionable Content. Company assumes no responsibility or liability for this type of Content. If you become aware of misuse of the Company Services, please report this immediately to Company at firstname.lastname@example.org.
Company assumes no responsibility for monitoring the Company Services for inappropriate Content or conduct. If at any time, Company chooses in its sole discretion to monitor the Company Services, Company nonetheless assumes no responsibility for Content other than Company 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 Company Services to:
- Post, upload or otherwise transmit or link to Content that is: unlawful; threatening; harmful; abusive; pornographic or includes nudity; offensive; harassing; excessively violent; tortuous; defamatory; invasive of another’s privacy, publicity, copyright, trademark, patent, trade secret, contract or other rights; false or misleading; obscene; vulgar; libelous; hateful; or discriminatory;
- Violate the rights of others including patent, trademark, trademark, trade secret, copyright, privacy, publicity or other proprietary rights;
- Harass or harm another person;
- Exploit or endanger a minor;
- Impersonate or attempt to impersonate any person or entity;
- Introduce or engage in activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of or access to a computer or a computer network;
- Interfere with, damage, disable, disrupt, impair, create an undue burden on, or gain unauthorized access to the Company Services, including Company’s servers, networks or accounts;
- Cover, remove, disable, block or obscure advertisements or other portions of the Company Services;
- Delete or revise any information provided by or pertaining to any other user of the Company Services;
- Use technology or any automated system such as scripts or bots in order to collect usernames, passwords, email addresses or other data from the Company Services, or to circumvent or modify any security technology or software that is part of the Company Services;
- Send or cause to send (directly or indirectly) unsolicited bulk messages or other unsolicited bulk communications of any kind through the Company Services. If you do so, you acknowledge you will have caused substantial harm to Company, but that the amount of harm would be extremely difficult to measure. As a reasonable estimation of such harm, you agree to pay Company $50 for each actual or intended recipient of such communication;
- Solicit, collect or request any personal information for commercial or unlawful purposes;
- Post, upload or otherwise transmit an image or video of another person without that person’s consent;
- Engage in commercial activity (including, but not limited to, advertisements or solicitations of, business; sales; contests; sweepstakes; creating, recreating, distributing or advertising an index of any significant portion of the Company Content; or building a business using the Company Content) without Company’s prior written consent; using technology or other means to access, index, frame, or link to the Company Services (including the Content) that is not authorized by Company (including, without limitation, 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 Company Content);
- Accessing Company 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 Company Services and excluding those search engines or indices that host, promote, or link primarily to infringing or unauthorized content;
- Use the Company Services to advertise or promote competing services;
- Use the Company Services in a manner inconsistent with any and all Applicable Law;
- Attempt, facilitate or encourage others to do any of the foregoing.
Company reserves the right, but disclaims any obligation or responsibility, to remove User Content that violates this Agreement, as determined by Company in its sole discretion and without notice to you. You acknowledge the Company reserves the right to investigate and take appropriate legal action against anyone who, in Company’s sole discretion, violates this Agreement, including but not limited to, terminating their user account and/or reporting such User Content, conduct, or activity to law enforcement authorities.
You acknowledge, consent and agree that Company may access, preserve or disclose information you provide to or through the Company Services or that we have collected about you, including User Content, when Company has a good faith belief that such access, preservation or disclosure is necessary in order to: (i) protect or defend the legal rights or property of Company, our parents, subsidiaries or affiliates (“Affiliated Companies”), or their employees, agents and contractors (including enforcement of our agreements); (ii) protect the safety and security of Users of the Company Services or members of the public including acting in urgent circumstances; (iii) protect against fraud or for risk management purposes; (iv) comply with Applicable Law or legal process: or (v) respond to requests from public and government authorities. If Company 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, Company may transfer your information to the party or parties involved in the transaction as part of that transaction.
Company reserves the right to limit the storage capacity of User Content. You assume full responsibility for maintaining backup copies of your User Content, and Company assumes no responsibility for any loss of your User Content due to it being removed by Company or for any other reason.
MESSAGE BOARDS AND PUBLIC FORUMS
Company may offer users the ability to post public messages on message boards and forums (“Forums”), which may be open to the public generally, to all members of the Company Service, or to a select group of Company Service members or members to a specific Forum group. You acknowledge that all User Content posted by you 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. Company 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 Company’s sole discretion and without notice to you. We ask you not to disclose any sensitive information (e.g., social security numbers, health or criminal background) on or through the Company Services, including the Forums or otherwise.
YOUR PROPRIETARY RIGHTS
Company does not claim any ownership rights in the User Content that you post, upload, email transmit, or otherwise make available on, through or in connection with the Company Services, except with respect to your unsolicited submissions, as described under “Unsolicited Submissions” below; provided, however, that User Content shall not include any Content posted by a user that is already owned by Company or any Affiliated Company. By posting any User Content on, through or in connection with the Company Services, you hereby grant to Company and our Affiliated Companies, licensees and authorized users, a perpetual, irrevocable non-exclusive, fully-paid and royalty-free, sublicensable, transferable (in whole or in part) right (including any moral rights) and worldwide license to use, modify, excerpt, adapt, create derivative works and compilations based upon, publicly perform, publicly display, reproduce, sublicense, broadcast 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, Company 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 Company Services. Company’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 Company as your agent with full authority to execute any document or take any action, Company may consider appropriate in order to confirm the rights granted by you to Company in this Agreement.
You represent and warrant that: (i) you own the User Content Transmitted by you on, through or in connection with the Company Services and/or Third-Party Services (as defined below), 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 Company Services and/or 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 Company Services or Third-Party Services. If you delete your User Content from any Company Service, Company’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 Company’s back-up copies of the applicable Company Service, which are not publicly available. Furthermore, to the extent that Company made use of your User Content before you deleted it, Company 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 Company Services will not result in, and Company 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 Company Services, and (ii) termination of your account or your use of the Company Services will not result in the immediate or automatic deletion of your User Content consistent with this Agreement.
COPYRIGHTS AND OTHER INTELLECTUAL PROPERTY
Company respects the intellectual property of others, and requires that our users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. Company has a policy of terminating repeat infringers’ access to the Company Services in appropriate circumstances.
If you believe that any material residing on or linked to from the Company Services infringes your copyright, please send Company's Copyright Agent a notification of claimed infringement with all of the following information: (i) 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; (ii) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Company Services (such as the URL(s) of the claimed infringing material); (iii) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (iv) 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; (v) 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 (vi) your physical or electronic signature. Company's Copyright Agent for notification of claimed infringement can be reached as follows: Copyright Agent, Fox Latin American Channel, Inc., 2121 Ponce de Leon Boulevard, Suite 1020, Coral Gables, Florida 33134 USA; Facsimile: (305) 774-4183; Attn: Copyright Agent. Company's Copyright Agent for notification of claimed infringement can also be reached electronically at email@example.com.
If you posted materials to the Company Services that Company removed due to a notice of a claimed infringement from a copyright owner, Company 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 Company 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: (i) 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; (ii) 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; (iii) 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 FSD 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 (iv) your physical or electronic signature.
THIRD PARTY LINKS AND SERVICES
You are solely responsible for your interactions with other Company Services users and visitors, providers of Third Party Services, Processors or any other parties with whom you interact on, through or in connection with the Company Services. Company reserves the right, but has no obligation, to become involved in any way with these disputes.
THE COMPANY SERVICES ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND COMPANY DOES NOT GUARANTEE OR PROMISE ANY SPECIFIC RESULTS FROM USE OF OR CONTINUOUS AVAILABILITY OF THE COMPANY SERVICES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COMPANY 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, COMPANY MAKES NO WARRANTY THAT YOUR USE OF THE COMPANY SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS TO THE COMPANY SERVICES WILL BE CORRECTED, THAT THE COMPANY 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 COMPANY SERVICES OR THIRD-PARTY SERVICES (INCLUDING, BUT NOT LIMITED TO, THROUGH USER CONTENT OR THIRD-PARTY ADVERTISEMENTS) WILL BE ACCURATE, RELIABLE, TIMELY OR COMPLETE. UNDER NO CIRCUMSTANCES WILL COMPANY OR OUR COMPANY AFFILIATES 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 COMPANY SERVICES, PROBLEMS OR TECHNICAL MALFUNCTION IN CONNECTION WITH USE OF THE COMPANY SERVICES, ATTENDANCE AT AN COMPANY EVENT, ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED IN CONNECTION WITH THE COMPANY SERVICES, ANY USER CONTENT, ANY THIRD-PARTY ADVERTISEMENT OR THIRD-PARTY SERVICE TRANSMITTED ON, THROUGH OR IN CONNECTION WITH THE COMPANY SERVICES, OR THE CONDUCT OF ANY USERS OF THE COMPANY 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 COMPANY SERVICES, AND ANY INFORMATION TRANSMITTED OR RECEIVED IN CONNECTION THEREWITH, MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ASSUME RESPONSIBILITY 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 COMPANY SERVICES. User Content, third-party advertisements and Third-Party Services do not necessarily reflect the opinions or policies of COMPANY or our COMPANY Affiliates.
LIMITATION ON LIABILITY
IN NO EVENT WILL COMPANY OR OUR COMPANY AFFILIATES BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFIT DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE COMPANY SERVICES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN JURISDICTIONS THAT DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF SUCH DAMAGES, COMPANY AND OUR COMPANY AFFILIATES’ LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAW. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, COMPANY AND OUR COMPANY AFFILIATES’ 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 COMPANY, FOR THE COMPANY SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO THE CLAIM.
YOU ACKNOWLEDGE AND AGREE THAT ANY DAMAGES YOU INCUR ARISING OUT OF COMPANY’S ACTS OR OMISSIONS OR YOUR USE OF COMPANY 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 THE COMPANY 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 COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
U.S. EXPORT CONTROLS
Software available in connection with the Company Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the Company Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
Acuerdo de arbitraje
(2) This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act, 9 U.S.C. §§ 1-16, governs the interpretation and enforcement of this Arbitration Agreement. This Arbitration Agreement shall survive termination of this Agreement.
(3) Any arbitration between you and Company will be conducted by the Judicial Arbitration and Mediation Services, Inc. (“JAMS”), pursuant to the JAMS Streamlined Arbitration Rules & Procedures effective July 1, 2014 (the “JAMS Rules”), as modified by this agreement to arbitrate. The arbitration shall be conducted by a single, neutral arbitrator, and if you and Company cannot agree on who that single arbitrator will be, the arbitrator will be appointed pursuant to the JAMS Rules, with the participation and involvement of Company and you pursuant to JAMS Rule 12. The JAMS Rules are available on its website at https://www.jamsadr.com/rules-streamlined-arbitration/. The Consumer Arbitration Minimum Standards are available at https://www.jamsadr.com/consumer-arbitration/. The arbitrator is bound by the terms of this Agreement.
(4) If either you or Company wants to arbitrate a claim, you or Company 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 Company Service to which the Notice relates, and the relief requested. Your Notice to the Company must be sent by mail to Arbitration Notice of Dispute, 2121 Avenue of the Stars, 7th Floor, Los Angeles, California, 90067. The Company 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.
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 https://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 Company at the address listed above to which you sent your Notice of Dispute.
(5) You and the Company acknowledge and agree to abide by the following rules for arbitration: (a) YOU AND COMPANY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE OR MULTI-CLAIMANT PROCEEDING, AND THE ARBITRATOR SHALL HAVE NO POWER TO AWARD CLASS-WIDE RELIEF; (b) the Company will pay arbitration costs as required by the JAMS Consumer Arbitration Minimum Standards and consistent with paragraph 6 below; (c) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (d) each side pays his, her or its own attorneys' fees, except as otherwise provided in paragraph 8 below.
(6) 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 Company, you and the Company acknowledge and agree to abide by the following:
- If you are seeking to recover less than $10,000 (inclusive of attorneys’ fees), Company will pay the filing fee on your behalf or reimburse your payment of it.
- If you are seeking to recover $10,000 or more, you will have to pay the filing fee charged by JAMS, but Company will reimburse the filing fee if you prevail on all claims decided upon by the arbitrator.
- Company and you agree that, if the claims to be arbitrated total less than $10,000 (inclusive of attorneys’ fees), the claim ordinarily should be decided on written submissions only, without a telephonic or in-person hearing. Company will not request a hearing for any claims totaling less than $10,000. This provision shall not be construed by the arbitrator to deprive you of any rights you may have to a telephonic or in-person hearing in your hometown area pursuant to the JAMS Rules.
- Company and you agree that, if the claims to be arbitrated total $10,000 or more, the arbitration will occur in a manner and place consistent with the JAMS Rules.
Regardless of how the arbitration proceeds, each of you and Company 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.
(8) Each of you and Company 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 Company failed to make a settlement offer to you before the arbitration or the amount you win is at least 25% greater than Company’s highest settlement offer, then Company will pay your reasonable attorneys’ fees in addition to the amount the arbitrator awarded. If Company 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.
(9) The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. The arbitrator may not order Company to pay any monies to or take any actions with respect to persons other than you, unless Company explicitly consents in advance, after an arbitrator is selected, to permit the arbitrator to enter such an order. Further, unless Company expressly agrees, the arbitrator may not consolidate other persons’ claims with yours, and may not otherwise preside over any form of a representative, multi-claimant or class proceeding.
(10) You and Company 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, or unless otherwise required by law or court order.
(11) With the exception of subpart (a) in paragraph (5) (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 (5) is found invalid, unenforceable or illegal, then the entirety of this Arbitration Agreement shall be null and void, but the rest of this Agreement, including the provisions governing where actions against Company 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 Company agree to submit to the exclusive jurisdiction of the courts located in New York, New York to resolve any Dispute arising out of this Agreement, the Company 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 COMPANY 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 Company, its Affiliated Companies, 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 your use of the Company Services, your breach of this Agreement, your violation of any rights of another or any User Content that you post or otherwise submit on, through or in connection with the Company Services.
Company does not knowingly accept, via the Company 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. Company requests that you do not make any unsolicited submissions. Any similarity between an unsolicited submission and any elements in any Company or Company Affiliate creative work, including without limitation, a film, series, story, title or concept would be purely coincidental. If you do send any submissions to Company via the Company 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 Company; (ii) any such unsolicited submissions and copyright becomes the property of and will be owned by Company (and are not User Content licensed by you to Company under “Your Proprietary Rights”) and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as Company sees fit; (iii) you are not entitled to any compensation, credit or notice whatsoever in connection with such unsolicited submissions; and (iv) by sending an unsolicited submission, you waive the right to make any claim against Company or Company Affiliates relating to any unsolicited submissions by you, including, without limitation, unfair competition, breach of implied contract or breach of confidentiality.
Company may, from time to time, post Company employment opportunities on the Company 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 Company in response to employment listings, you are authorizing Company to utilize this information for all lawful and legitimate hiring and employment purposes. Company also reserves the right, at its sole discretion, to forward the information you submit to its Affiliated Companies for legitimate business purposes. Nothing in this Agreement or contained in the Company Services will constitute a promise by Company to contact, interview, hire or employ any individual who submits information to it, nor will anything in this Agreement or contained in the Company Services constitute a promise that Company will review any or all of the information submitted to it by users of the Company Services.
The failure of Company 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 Company may be required by Applicable Law to send to you will be effective upon Company sending an e-mail message to the e-mail address you have on file with Company or publishing such notices on the informational page(s) of Company Services.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Company as a result of this Agreement or your use of the Company 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 Company’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Company Services or information provided to or gathered by us in connection with such use.
Please contact us at Customer.SupportLATAM@fox.com with any questions regarding this Agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.