ATTENTION: PLEASE READ THESE TERMS AND CONDITIONS ("TERMS") CAREFULLY BEFORE PARTICIPATING IN THE "ADDICTED TO YOU" COMPETITION ("COMPETITION") AVAILABLE THROUGH THE SITE WWW.AVICIIATY.COM ("SITE") FROM MARCH 6TH 2014 UNTIL MARCH 20TH 2014. CHOOSING TO ACCEPT THE TERMS INDICATES THAT YOU ARE 18 OR OVER THE AGE OF 18 (OR, IF YOU ARE YOUNGER THAN 18, THAT YOU HAVE RECEIVED YOUR LEGAL GUARDIAN’S PERMISSION TO ENTER INTO THE COMPETITION) AND ELIGIBLE TO ENTER INTO THIS AGREEMENT AND THAT YOU HAVE READ AND ACCEPTED THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, YOU WILL NOT BE ABLE TO PARTICIPATE IN THE COMPETITION. THESE TERMS GOVERN YOUR USE OF THE SITE AND ANY CONTENT (SUCH AS MELODIES, BASELINES, BEATS/RHYTHMS, BREAKS, EFFECTS, TEXT/LYRICS, OTHER MUSIC SOUNDS/RECORDINGS, AUDIO AND/OR AUDIO-VISUAL RECORDINGS ETC INCLUDING WITHOUT LIMITATION THE UNDERLYING COMPOSITON(S) CONTAINED THEREIN) ("CONTENT") THAT IS MADE AVAILABLE THROUGH THE SITE DURING THE COMPETITION. THIS COMPETITION IS CREATED AND MANAGED BY UNIVERSAL MUSIC AB (CORP.ID.NO 556024-9566) WITH ITS REGISTERED OFFICE AT BANÉRGATAN 16, 114 83 STOCKHOLM, SWEDEN.
FACEBOOK IS NOT AFFILIATED WITH THE COMPETITION
PLEASE NOTE THAT THE COMPETITION IS IN NO WAY SPONSORED BY, SUPPORTED BY, ADMINISTERED OR ASSOCIATED BY FACEBOOK. FACEBOOK IS NOT COLLECTING ANY PERSONAL DATA FROM YOU WHEN YOU ENTER INTO THE COMPETITION. IF YOU CHOOSE TO ENTER INTO THE COMPETITION YOU GRANT FACEBOOK A FULL RELEASE IN RELATION TO THE COMPETITION.
Physical persons will have the option to enter into the Competition during this time interval by (i) first connecting to Facebook and (2) then choosing to tag on the Site their personal addiction(s) as inspired by the music video for the track "Addicted To You" ("Tag") and (iii) after having read and agreed to these Terms.
By approving these Terms and submitting your Tag(s) you agree to be part of the Competition as described herein.
The Competition – TAG & BAG
The Competition will be available to the general public through the Site from February 18th until March 4th, 2014.
The physical person who manages to submit the Tag that receives the most likes on the Site will be regarded as a winner of the Competition.
By sending in submitting your Tag(s) you confirm that you have the full right and authority to submit your Tag(s). You further agree that you will not enter in any offensive, defamatory racist, sexist, unauthorized brands, trademarks, copyright protected phrases or otherwise unlawful suggestions, as agreed in these Terms.
The winner’s name will be announced on the Site on March 4th, 2014.
The winner will be contacted through Facebook and will have 2 days to reply to such message. If the Company does not hear back from the winner within 2 days, a new winner will be announced and it will be the person with the second most likes for his/her Tag and so on.
There can only be one winner of the Competition.
The winner of the Competition will be the physical person who has submitted the Tag to the Site that receives to most likes. Such physical person with the winning Tag will win the products presented on the Site, under the View Prizes tab.
After having entered into the Competition as described herein and having accepted and agreed to these Terms, you hereby give consent for us to collect and to use (only as permitted by you through these Terms) your basic Facebook account information (i.e. name, email, gender, birthday, current city, and profile picture URL) and only for the purposes described in these Terms. You also consent to such basic Facebook account information being published on the Site, on the Artist’s Facebook page and Twitter feed, if you are named the winner of the Competition.
The winner will be contacted through Facebook or by email (if e-mail address is provided by you).
The winner undertakes to provide the Company with his/her registered address so that the Prize can be sent by post to the winner.
The winner will receive the prize consisting on various products presented on the Site, under the View Prizes tab.
The Prize is estimate to be of the value SEK 28 000.
The winner undertakes to pay any and all taxes and fees that may be imposed by any governmental authority for the Prize.
The Company undertakes to pay for the delivery of the Prize and any customs charges affiliated with the delivery of the Prize.
Sizes or models in the Prize may not be changed and are chosen at the Company’s own discretion.
The Prize is delivered to the winner "as is" and "with all faults" and the entire risk as to the quality and performance of the Prize, or any contents thereof, is with you from the moment that Prize is submitted for delivery by the Company. The Company expressly disclaims all warranties of any kind, whether express, implied, or statutory, with respect to the Prize (including, but not limited to, any implied or statutory warranties of merchantability, fitness for a particular use or purpose, and non-infringement of intellectual property rights). Without limiting the generality of the foregoing, the Company makes no warranty that the Prize, or any of its Contents, will meet your requirements or that the Prize will be delivered to you in an uninterrupted, timely, secure or error free manner or that defects in the Prize will be corrected. The Company makes no warranty as to the results that may be obtained from the use of the Prize, or the contents of the Prize, or as to the accuracy or reliability of the Prize. No advice or information, whether oral or written, obtained by you through the Site or from the Company, its designated third parties, partners, licensees, the Company’s parents subsidiaries or other affiliated companies or their suppliers (or theirs respective officers, directors, employees, or agents of any such entities) shall create any warranty. The Company disclaims all equitable indemnities.
The Golden Gift Parallel with the Competition (i.e. during the same period of time), the limited amount of physical persons who tag the Site with one of Avicii’s existing "addictions", will receive a golden gift consisting of a signed vinyl record. The winners of the golden gift will receive each one signed vinyl in the post and must therefore provide the Company with their registered address. The winners of the golden gift will be presented on Universal Music Sweden’s official Facebook page. Any taxes or fees imposed by governmental authorities for the golden gift, as the prize in a competition, will be fully borne by the winners of the golden gifts.
Questions & Support Specific information regarding the Competition can be found on the Site and you may direct any questions to our support email@example.com.
Possibility to opt out
You will have the possibility to opt out from participation in the Competition as described herein by emailing our support firstname.lastname@example.org. Please note that the possibility to opt out will only be available until you are named the winner of the Competition or of the Golden Gift.
To use the Site and to participate in the Competition, you must be at least eighteen (18) years of age or have your legal guardian’s permission to enter into the Competition if you are younger than eighteen (18) years of age.
By using the Site and/or entering into the Competition you agree that certain personal data will be collected by the Company and/or its designated third parties and/or its licensees. The following personal data will be collected: Facebook ID and IP Address, Forename, surname, email address, city, country of residence and Facebook profile picture. Other personal data may be collected, and such additional personal data will only be collected for the purpose of administering the Site and enabling the Competition as described herein and on the Site, as well as announcing the winner of the Competition as well as announcing the winners of the Golden Gift. Please note that information of your city and country of residence will only be collected if you have chosen to enter that information into Facebook.
For the avoidance of doubt, Facebook ID will only be used by the Company itself to be able to contact the winner of the Competition or the winners of the Golden Gift.
Personal data will be collected for the purposes of administering the Site, appointing and announcing winners and administering the Site as well as enabling the Competition and may therefore need to be shared with designated third parties and our licensees for these purposes. Universal Music AB may disclose your personal data to Avicii Music AB, any Universal Music Group affiliates, employees, contractors and affiliated organizations that need to know that information to process it on our behalf or to provide services available at the Site and the Competition and only if they have agreed not to disclose it to others. We, or our designated third parties or licensees may, in connection with the Site and the Content, use your personal data in order to provide you with advertisements, commercial messages and the like. In addition to the above, we may also share your information to third parties for these limited purposes:
to allow a merger, acquisition, or sale of all or a portion of our assets;
to respond to legal process (e.g. a court order or subpoena), if we believe in good faith that it is necessary to do so; to comply with requirements of mandatory applicable law; to protect the safety of any person; to protect the rights and property of the Company, including to enforce the Terms; and to address fraud, security or technical issues;
to inform business partners about use of the Site and products and services made available through the Site, in the form of aggregated statistics or otherwise in a format which does not reveal your identity; and
if you expressly opt in to such sharing.
You understand and agree that the privacy policies of third parties will govern all use of information that we provide to them under this section.
The Company and/or designated third parties and/or its licensees use of such information is governed by the provisions of the Swedish Personal Data Act (Swe. Personuppgiftslagen (1998:204)) or other applicable laws and legislation pertaining to the collecting and administration of personal data. By accepting the Terms connected to the Site, you consent to such processing and you warrant that all data provided by you is true, accurate, current and complete information (and, for as long as you continue to use the Site, you agree to update such information and to keep it true, accurate, current and complete). We are committed to protecting your information. While we take reasonable data protection precautions, no security measures are completely secure, and we do not guarantee the security of user information at any time.
The Site is intended for user aged 18 or older, or users younger than 18 if use if accompanied by the permission of user’s legal guardian. We explicitly state that for users in the United States, the Site is not directed to children under the age of 13, and we do not knowingly collect personal information from children under 13. If you are under 13 years of age, do not use the Site and do not provide any personal information to us. If we discover that a child under 13 has provided us with personal information, we will delete it.
You can access and amend the information we keep on you by contacting us on the following email address: email@example.com. Upon your request, we will provide you with information of what personal data has been collected and is used, remove such data (de-registration of your account and removal of Content will then be necessary), correct false personal data and, if you wish, end all use of your personal data for contacting you with advertisements and commercial messages. We will respond within a reasonable period of time upon verification of your identity.
The Company may also subcontract processing or share your information to a third parties located in countries, other than your home country. Information collected within the European Economic Area ("EEA") and Switzerland may, for example, be transferred to, and processed in, a country outside of the EEA and Switzerland. You expressly consent to this.
Use of the Site for submitting Content
In order to be eligible to accept the Terms and to thereafter participate in the Competition as described herein, you must have a Facebook account, Tag your addiction on the Site as well as approve these Terms and Conditions. You must also be at least 18 years of age or, if you are younger, have your legal guardian’s permission to enter into the Competition.
In order to submit a Tag and enter into the Competition as described herein you must choose the option "I accept the Terms & Conditions". By doing so, you enter into a legally binding contract with the Company.
You may not modify, publicly display, publicly perform or distribute the video, the track or the any other Content that is uploaded to the Site. Use of the Site or the Content made available through the Site for any public or commercial purpose (including, without limitation, on another site or through a networked computer environment) is strictly prohibited. The Site is protected under international copyright laws. Any unauthorized use of the Site may violate copyright, trademark and other laws. If you breach any of these Terms, your authorization to use this Site automatically terminates and you must immediately destroy any downloaded or printed materials (if any).
Ownership to the Content, Rights, Warranties
You accept the Terms and enter into a legally binding contract with the Company by choosing the option "I accept the Terms & Conditions". Thereby you accept, agree and confirm that, if the Tag submitted by you is deemed the winning Tag in the Competition, that the Company and any licensee’s or designated third parties may publicize such Tag online, throughout the world and on any website or social media.
The Company is not required to host, display, or distribute any Tag(s) on or through the Site and may remove at any time or refuse any Tag for any reason. The Company is not responsible for any loss, theft, or damage of any kind to any Tags. The Company does not want to receive any Tag that is contains confidential information, defamatory statements or any other immoral or unethical Tags. You understand and agree that any Tag submitted to the Site will be considered non-confidential and non-proprietary and that the Company will be free to disclose any Tag to any third party absent any obligation of confidence on the part of the recipient. You may of course opt-out of the Competition until the winner of the Competition and/or of the Golden Gift is appointed. After such opt out deadline the Company does not guarantee that you will have any recourse through the Company or any third party to edit or delete any Tag that you have submitted.
By submitting a Tag, you represent and warrant that:
you are at least 18 years old or, if you are younger, that you are at least 13 years of age and that you have your legal guardian’s permission to enter into the Competition;
you are authorized to make publicly available the Tag(s) and that you own all rights (copyrights, trademark rights, other intellectual property rights etc) (if any) in your Tag;
your Tag does not infringe the copyright, trademark, patent, trade secret, or other intellectual property rights, privacy rights, or any other legal or moral rights of any third party;
you voluntarily agree to waive all "moral rights" that you may have in Tag, however only to the extent possible in accordance with the applicable copyright law in your country of residence;
any information contained in your Tag is not known by you to be false, inaccurate, or misleading;
your Tag does not violate any law (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising)
your Tag is not, and may not reasonably be considered to be, defamatory, libelous, hateful, racially, ethnically, religiously, or otherwise biased or offensive, unlawfully threatening, or unlawfully harassing to any individual, partnership, or corporation, vulgar, pornographic, obscene, or invasive of another's privacy;
you were not and will not be compensated or granted any consideration by any third party for submitting your Tag;
your Tag, personal data etc does not incorporate materials from a third party web site, or addresses, email addresses, contact information, or phone numbers (other than your own);
your Tag does not contain any viruses, worms, spyware, adware, or other potentially damaging programs or files;
your Tag does not contain any information that you consider confidential, proprietary, or personal; and
your Tag does not contain or constitute any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.
You are responsible for obtaining and maintaining all equipment and services needed for access to and use of the Site and for paying, if any, all charges related thereto. When you contact the Company or its designated third parties or licensees for the purpose of the Site and the Competition as described herein, the Company and/or its designated third parties and/or licensees may collect certain personal information about you.
Your access to and use of the Site will be limited by the rules described in this section ("Usage Rules"). You may not attempt (or support others to attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with any Usage Rules or attempt to circumvent DRM associated with the Content or any identifying information associated with the Content. All rights not expressly granted to you in these terms are reserved to the Company and/or its designated third parties and/or licensees.
You may not authorize, encourage or allow or you yourself make any Content which is acquired by the Company through the Site to be reproduced, modified, displayed, performed, transferred, made available, communicated, distributed or otherwise used, in whole or in part, by anyone else. You agree to advise the Company promptly of any such unauthorized use by email: firstname.lastname@example.org.
You agree not to use the Site (including, without limitation, any materials or services you may obtain through your use of the Site): (a) in a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law (each a "Law"); (b) to stalk, harass, or harm another individual; (c) to impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; or (d) to interfere with or disrupt the Site or servers or networks connected to the site. You further agree not to (e) use any data mining, robots, or similar data gathering or extraction methods in connection with the site; or (f) attempt to gain unauthorized access to any portion of the Site or any other accounts, computer systems, or networks connected to the Site, whether through hacking, password mining, or any other means and as further detailed below.
Viruses, Hacking and other offences
You must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to the Site, the server on which the Content is stored or any server, computer or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of service attack. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or to your downloading of any materials posted on it, or on any website linked to it.
Except as set forth in the Terms, the Company may remove your Tag, disqualify you for participation in the Competition, or access to, all or part of the Site, without notice, at any time and for any reason. You may discontinue your participation in the Competition as well as access to the Site according to the rules pertaining to opting out, as described herein. If you breach any of these Terms, you will be automatically disqualified from the Competition and the Company shall have no obligation to notify you. For the avoidance of doubt, any foul play, cheating or other kind of unethical behavior in connection with the Site and/or the Competition will result in the termination of your participation and removal of Tags without prior notification to you.
THE SITE IS PROVIDED "AS IS" AND "WITH ALL FAULTS" AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE IS WITH YOU. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE SITE (INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS). WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE COMPANY MAKES NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS OR THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THE COMPANY MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE OR FROM THE COMPANY, ITS DESIGNATED THIRD PARTIES, PARTNERS, LICENSEES, THE COMPANYS PARENTS, SUBSIDIARIES, OR OTHER AFFILIATED COMPANIES, OR THEIR SUPPLIERS (OR THE RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS OF ANY SUCH ENTITIES) SHALL CREATE ANY WARRANTY. THE COMPANY DISCLAIMS ALL EQUITABLE INDEMNITIES.
Limitation of Liability
TO MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY BE LIABLE FOR (A) INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES WHATSOEVER OR HOWSOEVER CAUSED OR (B) ANY DIRECT DAMAGES WHATSOEVER IN EXCESS OF ONE HUNDRED UNITED STATES (US$100.00) DOLLARS (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF REVENUES, LOST PROFITS, LOSS OF GOODWILL, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OR CORRUPTION OF DATA OR OTHER INTANGIBLE LOSSES), DIRECTLY ARISING OUT OF OR IN CONNECTION WITH THE SITE (INCLUDING, WITHOUT LIMITATION, USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SITE), WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY AND EVEN IF THE COMPANY, ITS DESIGNATED THIRD PARTIES, LICENSEES, PARTNERS ETC HAVE BEEN ADVISED (OR SHOULD HAVE KNOWN) OF THE POSSIBILITY OF SUCH DAMAGES.
Exclusions and limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above disclaimers and limitations of liability may not apply to you. To the extent that the Company may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of the Company’s liability shall be the minimum permitted under such applicable law.
Modifications to the Site
The Company reserves the right to modify, suspend or discontinue the Site at any time without notice to you. For example, the Company may make changes to the materials and/or services provided through the Site, at any time without notice. The materials and services that may be provided through the Site may be out of date and the Company makes no commitment to update such materials and services whatsoever. Information published on the Site may refer to products, programs or services that are not available in your country.
Links to third-party websites
Links on the Site to third-party websites are provided solely as a convenience to you. If you use these links, you will leave the Site. The Company is not obliged to review such third-party websites, does not control such third-party websites and is not responsible for any such third-party websites (or the products services, or content available through the same). Thus, the Company does not endorse or make any representations about such third-party websites, any information, software, products, services or materials found there or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to from the Site, you do this entirely at your own risk.
The Company name, the artist’s name and artist name, any other product or service name or slogan or logo contained in the Site are trademarks of the Company and its suppliers, partners, licensees or licensors and may not be copied, imitated or used, in whole or in part, without the prior written permission of the Company or the applicable trademark holder. Ownership of all such trademarks and the goodwill associated therewith remains with the applicable trademark holder. You may not use any metatags or any other "hidden text" utilizing any name, trademark or product or service name of the Company or rights holder without the Company or the applicable rights holder’s prior written permission. In addition, the look and feel of the Site (including all page headers, custom graphics, button icons and scripts) is the service mark, trademark and/or trade dress of the rights holder and may not be copied, imitated or used (in whole or in part) without the rights holder’s prior written permission. Reference to any products, services, processes or other information, by trade name, trademark or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by the Company.
The Company administers the Site, through a designated third part from Stockholm, Sweden. The Company makes no representation that the Site is appropriate or available for use outside the EMEA territories and access to the Site from territories where its contents are illegal or restricted is prohibited. If you choose to access the Site from outside the EMEA territories, you do so on your own initiative and are responsible for compliance with applicable laws.
When you visit the Site or send e-mails to the Company or its designated third parties or licensees, you are communicating with the Company or its designated third parties or licensees electronically. We may respond to you by e-mail or by posting notices on the Site. You agree that all such notices, disclosures and other communications that the Company provides to you electronically satisfy any legal requirement that such communications be in writing.
These Terms, together with any additional terms to which you agree when using particular elements of the Site, constitute the entire and exclusive and final statement of the agreement between you and the Company and any of the Company’s designated third parties, licensees etc with respect to the subject matter hereof, superseding any prior agreements or negotiations between you and the Company with respect to such subject matter. The failure of the Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the intentions of the Company and you as reflected in the provision, and that the other provisions of these Terms remain in full force and effect. The section titles in these Terms are for convenience only and have no legal or contractual effect. These Terms shall remain in full force and effect notwithstanding any termination of your use of the Site until you explicitly opt out prior to the deadline for the submission of Content as described herein and as will be specifically communicated on the Site. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the Company without restriction.
Modifications to these Terms
The Company may, at their sole and absolute discretion, change these Terms from time to time. The Company will post notice of such changes on the Site and you will be asked to accept and agree to the amended terms by explicitly choosing to do so.
Choice of law, mandatory arbitration and venue
Unless otherwise required by a mandatory law of a member state of the European Union or any other jurisdiction, these Terms are subject to the laws of Sweden, without regard to choice or conflicts of law principles. Further, you and the Company agree to the exclusive jurisdiction of the courts of Sweden to resolve any dispute, claim or controversy that arises in connection with these Agreements.
If you are a United States user of the Site, the following mandatory arbitration provisions also apply to you:
You and the Company agree that any dispute, claim or controversy arising out of or relating in any way to the Company or your use thereof, including these Terms, shall be determined by mandatory binding arbitration. You agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and the Company are each waiving the right to a trial by jury and the right to participate in a class or multi-party action. This arbitration provision shall survive termination of these Terms and the termination of your participation in the Competition or opting out as described herein. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (the "AAA Rules"), as modified by these Agreements, and as administered by the AAA. You and the Company agree that these Agreements involve interstate commerce and are subject to the Federal Arbitration Act.
You and the Company agree that (a) any claims seeking to enforce, protect, or determine the validity or ownership of any intellectual property rights, and (b) any claims related to allegations of theft, piracy or unauthorized use of the Site, Chosen Content and/or Content are not subject to mandatory arbitration. Instead, you and the Company agree that these claims (including but not limited to claims for injunctive or equitable relief) shall be exclusively decided by courts of competent jurisdiction in New York, New York, and that applicable Federal law shall govern, without regard to choice of law principles.
You and the Company agree that each may bring claims against the other only in your or its individual capacity, and not as a class memeber or in any representative capacity or proceeding. Further, no arbitrator shall consolidate any other person’s claims with your claims, and may not otherwise preside over any form of a multi-party or class proceeding. If this specific provision is found to be unenforceable in any way, then the entirety of this arbitration section shall be null and void. The arbitrator may not award declaratory or injunctive relief.
Any arbitration must be commenced by filing a demand for arbitration with the AAA within one year after the date the party asserting the claim first knows or reasonably should know of the act, omission or default giving rise to the claim; and there shall be no right to any remedy for any claim not asserted within that time period. If applicable law prohibits a one-year limitations period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law. Your arbitration fees and your share of arbitrator compensation will be limited to those fees set forth in the AAA's Consumer Rules with the remainder paid by the Company. Any arbitration costs or fees deemed "excessive" will be paid by the Company.