Last updated: August 30, 2022
Welcome to MusicFX.io, which is provided by MetaWorks Platforms, Inc. (“MetaWorks Platforms”, “we”, “our” or “us”).
These Terms of Service (the “Terms”) govern the relationship, and form a legally binding agreement, between you and us and set forth the terms and conditions on which you may access and use (a) the website operated at musicfx.io, and other locations from time to time (the “Website”), (b) any applications or other software we provide you (the “Application”), excluding third party software that may interact with the Service as defined below, and (c) the services we provide through the Website and the Application, including any offering in respect of Collectibles (as this term is defined herein) (Website, Application, and Collectibles shall be collectively referred to as the “Service”). Any reference to the “Services” includes a reference to any part of the Services.
For purposes of these Terms, “you” and “your” means you as the user of the Services. If you are agreeing to these Terms and using the Service on behalf of a corporation, partnership, or other legal entity, you represent that you have all required legal rights and authority to bind that entity to these terms. In such a case, any further reference to “you” in these terms means that other legal entity.
The Service enables you to purchase, collect, showcase, and possibly sell digital collectibles (“Collectibles”) which are created by us or our business partners (each a “Seller”). Each Collectible is a non-fungible token (“NFT”) minted on a MetaWorks Platforms Blockchain (the “blockchain”) and tied to content hosted on the Service as well as a license to use such content as represented by the Collectible in certain ways. Certain collectibles may also provide additional benefits as described in the terms of sale. Sales are subject to the creation of any secondary marketplace, which we cannot guarantee will exist.
PLEASE NOTE THAT DIFFERENT TERMS MAY APPLY TO YOU BASED ON WHERE YOU LIVE. MAKE SURE YOU READ THE JURISDICTION-SPECIFIC TERMS FOR YOUR COUNTRY OF RESIDENCE, AS APPLICABLE. These specific terms concern important aspects of our agreement, including how you consent to these Terms, your consumer cancellation rights, your privacy, our rights to terminate your account or access to the Services, our warranties and liability, and the law applicable to these Terms.
ARBITRATION NOTICE FOR USERS IN THE UNITED STATES: THESE TERMS CONTAIN AN ARBITRATION CLAUSE AND A WAIVER OF RIGHTS TO BRING A CLASS ACTION AGAINST US. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT ARBITRATION CLAUSE, YOU AND META WORKS PLATFORMS AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT, CLASS-WIDE ARBITRATION, OR ANY OTHER COLLECTIVE OR REPRESENTATIVE ACTION.
Access to certain Services or features of the Services may be subject to age restrictions and not available to all users of the Services. The Services are only for users 18 years of age and older. By accessing or using our Services, you confirm that: (a) you are over 18 and can form a binding contract with us; (b) you accept these Terms; and (c) you agree to comply with these Terms. If you are over 18 but under the legal age to enter into a contract in your jurisdiction, your parents or legal guardian must read and agree to these Terms, as well as supervise your use of the Services. If you do not have consent from your parents or legal guardians, you must cease accessing or using the Services. If we learn that someone under the relevant age is using the Services, we will terminate access to the Services for such user.
If you access or use the Services from within a jurisdiction for which there are separate supplemental terms, you also agree to the supplemental terms applicable to you in the applicable jurisdiction as outlined below. If there is a conflict between the provisions of the supplemental terms that are applicable to you, and the rest of these Terms, your jurisdictions’ supplemental terms will supersede and control.
We reserve the right in our sole and absolute discretion to revise and update these Terms from time to time. All changes are effective immediately upon posting and apply to your continued access to and use of the Services. We may post reminders and summary information about material changes to these Terms, including where there are substantial amendments that affect your rights and obligations, but it is your responsibility to review them. You agree to periodically review these Terms in order to be aware of any such changes and your continued use shall mean your acceptance of any such changes, whether given notice or not.
You agree that we will not be liable if, for any reason, all or any part of the Service or these Terms is changed, withdrawn, terminated, restricted to users, or unavailable at any time or for any period or if such restriction or unavailability impacts the use, functionality, or value of Collectibles.
For clarity, if any of the terms and conditions described in these Terms, or any future modifications thereto, are unacceptable to you, you should: (i) discontinue your use of the Services; and (ii) if you have set up an account, delete your account from your account management page. Your use of the Services now, or your continued use of the Services following the implementation of updated Terms, will indicate acceptance by you of such Terms or modifications. If you do not agree to the Terms as applicable from time to time, you must stop accessing or using the Services.
In consideration of your use of the Services, you hereby agree to: (a) provide true, accurate, current and complete information about yourself as requested by any registration forms on the Service (“Registration Data”); and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. By providing Registration Data to us through the Services, you will provide personal account information. You hereby agree to be fully responsible for: (w) all use of your User Account; (x) any action that takes place using your account by any person or automated process; (y) maintaining the confidentiality and security of your account and passwords; and (z) immediately notifying us upon any unauthorized use of your password or account, or if you know of any other breach of security in relation to the Services. You are responsible for any password misuse or any unauthorized access. You agree that your disclosure of login information to third parties may negate our user authentication measures and allow unauthorized access to your account. We will not be liable for any loss or damage arising from any unauthorized use of your account(s).
We have provided ways for you to contact us about various issues on our website at email@example.com. You acknowledge and understand that these are the only authorized ways to contact us. Third parties may advertise or publish alternative ways to contact us or use other measures to pose as us. We cannot verify the authenticity of any such alternative contacts, and they pose a risk of fraud and other malfeasance, so we strongly recommend you do not attempt to contact us using these methods. You agree that we cannot be held liable for unauthorized access to your account or other loss resulting from such fraud or other malfeasance by third parties.
All purchases of Collectibles on the Service are subject to these Terms as well as the terms and conditions of sale presented to you by the Seller at the time of purchase. Please note that some transactions and Collectibles you purchase are subject to additional restrictions, including those that relate to age and residency as well as those that impact your rights in and to the Collectible and the Collectible Content. By completing a purchase, you are thereby agreeing to any such additional terms and conditions.
iii. Third Party IP. If the Collectible Content associated with your purchased Collectible contains “Third Party IP” (e.g., licensed intellectual property from any of our licensors), you understand and agree as follows: (a) that you will not have the right to use such Third Party IP in any way except as incorporated in the purchased Collectible, and subject to the license and restrictions contained herein; (b) that, depending on the nature of the license granted from the owner of the Third Party IP, we may need to (and reserve every right to) pass through additional restrictions on your ability to use the Collectible Content; and (c) to the extent that we inform you of such additional restrictions in writing, you will be responsible for complying with all such restrictions from the date that you receive the notice, and that failure to do so will be deemed a breach of the license contained in this Section 6.
While we are continually working to develop and evaluate our own product ideas and features, we also pay attention to the interests, feedback, comments, and suggestions we receive from our user community. You may choose to contribute by sending us any ideas for products, services, features, modifications, enhancements, content, refinements, technologies, content offerings (such as audio, visual or other types of content), promotions, strategies, or product or feature names, or any related documentation, artwork, computer code, diagrams, or other materials (collectively, “Feedback”). In addition, the Service may contain interactive functionality such as applications, features, promotions, games, contests, chat functionality, e-mail, message boards, personal, or interest group web pages, profiles, forums, bulletin boards and other such functions (collectively, “Interactive Functions“) allowing content, material, or information you submit, post, publish, display, or transmit (collectively, “submit“) to the Service, to be viewed or used by us, other users or other persons via the Service (“User Content”, and together with Feedback, “User Submissions“). Regardless of what your accompanying communication may say, in order to avoid any misunderstandings the following terms will apply to all User Submissions. Accordingly, by submitting User Submissions to us, you agree that:
We have the right, without provision of notice to remove or refuse to post on the Service any User Content for any or no reason in our sole and absolute discretion; monitor, filter, revise, edit, remove or refuse content using manual or automated third-party content moderation services; at all times, take such actions with respect to any User Submission deemed necessary or appropriate in our sole and absolute discretion, including for violating these Terms; take appropriate legal action, including referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorized use of the Service. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Service; and terminate or suspend your access to all or part of the Service for any or no reason, including any violation of these Terms.
While we will take steps to monitor content and User Content in the Service, we make no representations or guarantees that we will be able to review all material that you or other users submit to the Service or to do so in a timely manner. We cannot ensure prompt removal of objectionable material after it has been posted and we have no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party, subject to applicable laws.
To use the Services, you may need certain hardware, software, capabilities and other resources (including a suitable connection to the Internet). You are solely responsible for procuring and maintaining such resources at your own cost.
As a condition of your access to and use of the Services, you agree that you will use the Services only for lawful purposes in accordance with these Terms and all applicable laws and regulations. You may not:
We reserve the right, at any time and without prior notice, to remove or disable your access to the Services, including the Our Content, at our discretion for any reason or no reason. Some of the reasons for which we may remove or disable your access to the Services may include finding that you have violated these Terms, or that your actions are harmful to the Services or our users. You agree and understand that your continued use of the Services is at our sole and absolute discretion and that you will not seek to hold us liable for any suspension, restriction, or termination of our use of the Services.
While we will take steps to monitor content and Feedback in the Services, we make no representations or guarantees that we will be able to review all material that you or other users submit to the Services or to do so in a timely manner. We cannot ensure prompt removal of objectionable material after it has been posted and we have no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party, subject to applicable laws.
You agree that you will not export, re-export, sell, or transfer, directly or indirectly the Services and other information or materials provided by us hereunder, to any country for which the United States, or any other relevant jurisdiction requires any export license or other governmental approval at the time of export without first obtaining such license or approval. In particular, but without limitation, the Services may not be exported or re-exported: (a) into any comprehensively embargoed countries or any country that your jurisdiction’s government has included on any official terrorism or terrorism-related lists; (b) to any governments of such countries; or (c) to anyone listed on your jurisdiction’s list of prohibited or restricted parties, including the U.S. Treasury Department’s list of Specially Designated Nationals, the U.S. Department of Commerce Denied Person’s List or Entity List, or Public Safety Canada’s terrorist entities list.
We administer and operate the Services from the United States. Although the Services are accessible in many territories throughout the world, not all features, products or Services discussed, referenced, provided or offered are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. We reserve the right to limit, in our sole discretion, the provision and quantity of any feature, product or Service to any person or geographic area. Any offer for any feature, product or Service made is void where prohibited. If you choose to access the Services from outside the United States you do so on your own initiative and you are solely responsible for complying with applicable local laws.
To the maximum extent permitted by law, you agree to, at your sole cost, defend, indemnify, and hold harmless MetaWorks Platforms, our parents, subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents, suppliers, and advisors, from and against any and all claims, liabilities, costs, fines, penalties, and expenses, including legal fees and expenses, arising out of or in any way connected with, whether alleged or actual: (i) a breach by you, or any user of your account, of any applicable obligation, representation, or warranty under these Terms; (ii) the content of or any inaccuracy in your Feedback; (iii) our use or publication of your Feedback, including if such infringes any third party intellectual property rights; (iv) your unauthorized access to or use of, or activities in connection with, the Services; (v) your violation of any applicable laws, rules, regulations, or contracts; or (vi) any misrepresentation made by you (all of the foregoing, “Indemnified Claims”). You will cooperate as fully required by us in the defense of any Indemnified Claims. Notwithstanding the foregoing, we retain the exclusive right to settle, compromise, and pay any and all Indemnified Claims. We reserve the right to assume the exclusive defense and control of any Indemnified Claims at our own cost. You will not settle any Indemnified Claims without, in each instance, our prior written consent or the consent of an individual whom we authorize, in writing, to approve such settlement.
CONSUMERS IN QUEBEC, CANADA: QUEBEC’S CONSUMER PROTECTION ACT (CQLR C P-40.1) PROVIDES YOU WITH CERTAIN RIGHTS, INCLUDING WARRANTIES AS TO ACCEPTABLE QUALITY, SAFETY, DURABILITY, ACCURATE DESCRIPTION AND AGAINST HIDDEN DEFECTS. NOTHING IN THIS SECTION IS INTENDED TO LIMIT OR REPLACE ANY OF YOUR RIGHTS UNDER THE CONSUMER PROTECTION ACT (CQLR C P-40.1), AND TO THE EXTENT THAT IT IS PROHIBITED BY LAW, THE EXCLUSION HEREUNDER DOES NOT APPLY TO QUEBEC CONSUMERS.
IN ADDITION TO THE LIMITATIONS IN QUEBEC, CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW DISCLAIMERS, EXCLUSIONS OR LIMITATIONS IN “EXCLUSION OF WARRANTIES” AND “LIMITATION OF LIABILITY” MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. NOTHING IN THESE TERMS AND CONDITIONS IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY THAT MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. HOWEVER, TO THE MAXIMUM PERMITTED EXTENT UNDER APPLICABLE LAWS, YOU AGREE THAT ALL PROVISIONS OF THESE ARE INTENDED TO APPLY TO YOU.
iii. YOU ARE SOLELY RESPONSIBLE FOR DETERMINING WHAT, IF ANY, TAXES APPLY TO YOUR COLLECTIBLES TRANSACTIONS, AND NEITHER THE COMPANY NOR ANY OTHER PERSON BESIDES YOU ARE RESPONSIBLE FOR DETERMINING THE TAXES THAT APPLY TO YOUR TRANSACTIONS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW: YOU UNDERSTAND AND AGREE THAT YOUR USE OF AND ACCESS TO THE SERVICE, INCLUDING THE PARACHAIN, IS AT YOUR OWN RISK AND THAT (I) THE SERVICES, INCLUDING THE PARACHAIN, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE; AND (II) WE EXPRESSLY DISCLAIM AND EXCLUDE ALL WARRANTIES, INCLUDING ALL CONDITIONS, WARRANTIES, OR OTHER TERMS, WHETHER STATUTORY, EXPRESS, OR IMPLIED (INCLUDING ANY IMPLIED WARRANTIES AS TO MERCHANTABILITY, NON-INFRINGEMENT, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR CONFORMANCE WITH DESCRIPTION), EXCEPT TO THE EXTENT THAT THEY ARE EXPRESSLY SET OUT IN THESE TERMS.
IN PARTICULAR NONE OF THE METAWORKS PLATFORMS PARTIES REPRESENT OR WARRANT TO YOU THAT:
WE MAY CHANGE, SUSPEND, WITHDRAW, OR RESTRICT THE AVAILABILITY OF ALL OR ANY PART OF THE SERVICES FOR BUSINESS AND OPERATIONAL REASONS AT ANY TIME WITHOUT NOTICE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION OBTAINED THROUGH THE SERVICES BEFORE RELYING ON IT. YOU FREELY ACCEPT AND VOLUNTARILY AGREE TO ASSUME ALL RISKS, INCLUDING OF PERSONAL INJURY, DEATH, AND PROPERTY DAMAGE OR LOSS, CONNECTED WITH YOUR USE OF THE SERVICES HOWSOEVER ARISING
YOUR USE OF THE SERVICES DEPENDS ON THE INTERNET, INCLUDING NETWORKS, CABLING, FACILITIES, AND EQUIPMENT THAT IS NOT IN OUR CONTROL. ACCORDINGLY: (I) WE CANNOT GUARANTEE ANY MINIMUM LEVEL REGARDING SUCH PERFORMANCE, SPEED, RELIABILITY, AVAILABILITY, USE, OR CONSISTENCY; AND (II) YOU ACKNOWLEDGE AND AGREE THAT DATA, MESSAGES, INFORMATION, OR MATERIALS SENT OVER THE INTERNET MAY NOT BE COMPLETELY PRIVATE, AND YOUR ANONYMITY IS NOT GUARANTEED.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE METAWORKS PLATFORMS PARTIES WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY USER ERROR INCLUDING YOUR FAILURE TO REMEMBER OR LOSS OF PASSWORDS OR SIMILAR AUTHENTICATORS SUCH AS PRIVATE KEYS, FAILURES OF THE PUBLIC INTERNET, FAILURES OF THE UNDERLYING BLOCKCHAIN TECHNOLOGY INCLUDING FORKS, TECHNICAL NODE ISSUES, OR ANY OTHER BLOCKCHAIN FAILURES WHICH MAY RESULT IN YOU INCURRING A LOSS, DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, FAILURE OF YOUR WALLET INCLUDING BUT NOT LIMITED TO CORRUPTED WALLET FILES, MAILBOMBING, OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES, THE PARACHAIN OR ANY SERVICES, COLLECTIBLES, OR ITEMS FOUND OR ATTAINED THROUGH THE SERVICES, THE PARACHAIN OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SERVICES LINKED TO IT.
All information provided by or on behalf of us is for informational purposes only and should not be construed as professional, accounting or legal advice. You should not take or refrain from taking any action in reliance on any information contained in these Terms or provided by or on behalf of us. Before you make any financial, legal, or other decisions involving the Service or any Collectible, you should seek independent professional advice from persons licensed and qualified in the area for which such advice would be appropriate.
NOTHING IN THESE TERMS WILL EXCLUDE OR LIMIT OUR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SUBJECT TO THE FOREGOING, IN NO EVENT WILL THE METAWORKS PLATFORMS PARTIES BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANY OTHER PERSON FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, LOST PROFITS (WHETHER INCURRED DIRECTLY OR INDIRECTLY), LOST SAVINGS, LOST REVENUES, LOST GOODWILL, BUSINESS INTERRUPTION, OR LOST OPPORTUNITY (COLLECTIVELY, THE “EXCLUDED DAMAGES“). THESE LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHER THEORY OF LIABILITY, EVEN IF ANY OF THE METAWORKS PLATFORMS PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN ANY OF THE EXCLUDED DAMAGES, AND IRRESPECTIVE OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY, AND YOU HEREBY WAIVE, RELEASE, AND FOREVER DISCHARGE THE METAWORKS PLATFORMS PARTIES FROM AND AGAINST ALL OF THE EXCLUDED DAMAGES. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN THE METAWORKS PLATFORMS PARTIES’ LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE EXCLUDED DAMAGES INCLUDE ANY LOSSES OR DAMAGES WHICH MAY BE INCURRED BY YOU AS A RESULT OF:
YOU ARE RESPONSIBLE FOR ANY INTERNET OR MOBILE CHARGES THAT MAY APPLY TO YOUR USE OF OUR SERVICES, INCLUDING TEXT-MESSAGING AND DATA CHARGES. IF YOU’RE UNSURE WHAT THOSE CHARGES MAY BE, YOU SHOULD ASK YOUR SERVICE PROVIDER BEFORE USING THE SERVICE.
IN NO EVENT WILL METAWORKS PLATFORMS PARTIES’ TOTAL, AGGREGATE LIABILITY EXCEED, WITH RESPECT TO THE SERVICES, THE LESSER OF (i) THE TOTAL AMOUNT PAID BY YOU TO US IN THE SIX-MONTH PERIOD IMMEDIATELY PRIOR TO THE EVENT GIVING RISE TO THE CLAIM; AND (ii) USD$100.00.
If you believe that anything on the Services infringes upon any copyright which you own or control, you may file a notification of such infringement to the following contact information: firstname.lastname@example.org
The notification must be a written communication that includes the following:
These Terms, their subject matter and their formation, are governed by the laws of the State of California and the federal laws of the United States applicable therein, without giving effect to any choice or conflict of law provisions or rules. You and we agree that the UN Convention on Contracts for the International Sale of Goods (Vienna, 1980) will not apply to these Terms, the Services, or to any dispute or transaction arising out of these Terms or the use of the Services.
USERS IN QUEBEC: The provisions set out in this section are prohibited by Quebec’s Consumer Protection Act (CQLR c P-40.1) and therefore do not apply to users in Quebec, Canada.
This section includes an agreement to arbitrate and an agreement that all such claims will be brought in arbitration only in your individual capacity (and not as a class action or other representative proceeding). Please read it carefully. You may opt out of the arbitration agreement by following the opt out procedure described below.
You agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and us are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision will survive any termination of these Terms.
If you wish to begin an arbitration proceeding, after following the informal dispute resolution procedure, you must send a letter requesting arbitration and describing your Dispute to:
MetaWorks Platforms, Inc.,
561 Indiana Court
Los Angeles, California
Email Address: email@example.com
The arbitration will be administered by the American Arbitration Association (AAA) under its rules including, if you are an individual, the AAA’s Consumer Arbitration Rules. If you are not an individual or have used the Services on behalf of an entity, the AAA’s Consumer Arbitration Rules will not be used. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879.
Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. If you are an individual and have not accessed or used the Services on behalf of an entity, we will reimburse those fees for claims where the amount in dispute is less than $10,000, unless the arbitrator determines the claims are frivolous, and we will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous.
The arbitrator, and not any federal, state, or local court, will have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, enforceability, or formation of this arbitration agreement, including any claim that all or any part of this arbitration agreement is void or voidable. However, the preceding sentence will not apply to the “Class Action Waiver” section below.
IF YOU DO NOT WANT TO ARBITRATE DISPUTES WITH US AND YOU ARE AN INDIVIDUAL, YOU MAY OPT OUT OF THIS ARBITRATION AGREEMENT BY SENDING AN EMAIL TO firstname.lastname@example.org WITHIN THIRTY (30) DAYS OF THE FIRST OF THE DATE YOU ACCESS OR USE THE SERVICES.
Class Action Waiver. To the maximum extent permitted by the consumer protection or other applicable laws in your jurisdiction of residence, all Disputes must be brought in the respective party’s individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiff, or similar proceeding (“Class Action”) except that an individual may seek in the arbitration public injunctive relief, and the AAA may include such relief in the award, where applicable. The parties expressly waive any ability to maintain any Class Action in any forum. If the Dispute is subject to arbitration, the arbitrator will not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any person or entity not a party to the arbitration. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. The parties understand that any right to litigate in court, to have a judge or jury decide their case, or to be a party to a class or representative action, is waived, and that any Dispute must be decided individually, through arbitration.
This class action waiver does not apply to the strict extent that the laws of your jurisdiction would not permit it. If this class action waiver is found to be unenforceable or if this class action waive does not apply to you due to local laws in your jurisdiction, then the entirety of the arbitration agreement, if otherwise effective, will be null and void. If for any reason a Dispute proceeds in court rather than in arbitration, you and us each waive any right to a jury trial.
Assignment. We may at any time assign our rights and obligations under these Terms, in whole or in part, without notice to you. You may not assign these Terms without our prior, written consent. These Terms will inure to the benefit of and bind you and us and our respective personal and legal representatives, successors and permitted assigns.
No Waiver. Our failure to insist upon or enforce any provision of these Terms will not be construed as a waiver of any provision or right.
Security. The transmission of information via the internet is inherently not completely secure and we do not guarantee that our Services will be secure or free from bugs or viruses. You are responsible for configuring your information technology and computer programs to access our Services. You should use your own virus protection software.
Severability. If any court of law, having jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms, and the remaining provisions of the Terms will continue to be valid and enforceable.
Force Majeure. We will not be liable for delays, failures in performance, or interruptions of the Services that result directly or indirectly from any cause or condition beyond our reasonable control, including significant market volatility, any delay or failure due to any act of God, act of civil or military authorities, act of terrorism, civil disturbance, war, strike or other labor dispute, fire, interruption in telecommunications or internet services or network provider services, failure of equipment and/or software, epidemic, outbreak of illness or disease, declaration of public health emergency, other catastrophe or any other occurrence which is beyond our reasonable control and shall not affect the validity and enforceability of any remaining provisions.
Translations. In the event of any conflict or inconsistency between the Terms in the English and any translation thereof in any other language, the English version will prevail.