Terms

Effective Date: April 8, 2016

IMPORTANT:These Terms of Use govern your access to and use of our services, any other Company-owned website, any Victory Music or other mobile application, text messages, email communications, buttons, widgets, or any other of our products or services (the “Services”). The terms “Company,” “we,” “us” or “our” refer to Victory Music a Texas limited liability company. This is an agreement between you and the Company. Before accessing or using any part of the Services, you should read carefully this Terms of Use agreement because it governs your access to and use of the Services and any audio files, video files, images, services, Events (as defined in Section 3), materials or information available through the Services (the “Content”). Company grants access to and use of the Services and the Content only on the condition that you accept and agree to all of these Terms of Use. By accessing or using the Services or any Content, you agree to these Terms of Use. If you do not agree with these Terms of Use, then please do not access or use the Services or any Content.

THESE TERMS OF USE CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING A CLASS ACTION WAIVER. PLEASE READ THEM CAREFULLY BECAUSE THEY AFFECT YOUR RIGHTS. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AS PROVIDED BELOW.

  1. CHANGES TO TERMS OF USE. We may change these Terms of Use from time to time in our sole discretion without notice to you. When we do, we will post the change(s) on the Services. By continuing to access or use the Services or any Content after those changes have been posted, you agree to be bound by the revised Terms of Use.

  1. ACCESS AND USE OF THE SERVICES.

    1. Age Limitations. The Services are not intended for persons under 13 years of age, so you may not access or use the Services or any Content if you are under 13 years of age. If you are at least 13 years of age but less than 18 years of age, you may only use the Services with legal parental or guardian consent. You agree and represent that you are at least 18 years of age or older or possess legal parental or guardian consent and are fully able and competent to enter into and comply with the terms, conditions, representations and warranties set forth in these Terms of Use. If you do not meet these qualifications, you are not authorized to access or use the Services or any Content.

    1. Access or Use of Services by Organization. If you are accessing or using the Services as a representative of an organization or entity, these Terms of Use bind both you individually and the organization, and references to “you” and “your” will be construed to apply to both you individually and the organization.

    2. Accuracy of Information. You agree that you will, at all times, provide true, accurate, current and complete information when submitting information or materials through the Services, including when you provide information via an Event (as defined in Section 3) subscription, a channel subscription or a submission form. By providing us information, you represent that all information submitted belongs to you.

    1. Local Laws; Export Control. You agree to abide by all applicable local, state, national and international laws and regulations with respect to your access and use of the Services or any Content. Company makes no representation that the Services are appropriate or available for use in other locations outside the State of Texas, and access to the Services from states, territories or nations where any aspect of the Services are illegal is prohibited. You access the Services on your own volition and are responsible for compliance with all applicable local and other laws with respect to your access and use of the Services. You agree not to import, export, re-export or transfer, directly or indirectly, any part of the Services or any Content except in full compliance with all United States, foreign and other applicable laws and regulations. You agree to assume all responsibility related to or in connection with your access or use of the Services or any Content.

    1. Use of the Internet; Mobile Devices. You are responsible for any costs you incur to access or use the Internet or the Services or to participate in any Event (as defined in Section 3), including any phone, mobile device, message, data, or other fees or charges. You acknowledge and agree that use of the Internet and access to or transmissions or communications with the Services is solely at your own risk. While Company has endeavored to create secure and reliable Services, you should understand that the confidentiality of any communication or material transmitted to or from the Services over the Internet or other form of communication network cannot be guaranteed. Accordingly, Company is not responsible for the security of any information transmitted to, from or through the Services.

    1. License. These Terms of Use provide to you a personal, revocable, limited, non-exclusive and non-transferable license to access and use the Services and the Content for personal, non-commercial purposes conditioned on your continued compliance with these Terms of Use.

    1. Restrictions. You may not copy, store, reproduce, distribute, display, modify, market, lease, sell, license, sublicense, commercially exploit or otherwise use the Services or any Content in any manner not expressly permitted by these Terms of Use. In addition, you may not translate, decompile, create any derivative work(s) of, disassemble, remove or alter any proprietary notices or labels, transfer, mirror or frame the Services or any Content in any manner not expressly permitted by these Terms of Use. In addition, you may not:

      1. attempt to gain unauthorized access to any portion or feature of the Services, or any other systems or networks connected to the Services or to any Company server or to any of the services offered on or through the Services, by hacking, password “mining” or any other means;

      2. probe, scan or test the vulnerability of the Services or any network connected to the Services, nor breach the security or authentication measures on the Services or any network connected to the Services;

      3. take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Services or Company’s systems or networks or any systems or networks connected to the Services;

      4. use any device, software or routine to interfere with the proper working of the Services or with any other person’s use of the Services;

      5. forge headers, impersonate a person or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or information you send on or through the Services;

      6. use the Services to harvest or collect phone numbers, e-mail addresses or other contact or personal information; or

      7. use the Services in an unlawful manner or in a manner that could damage, disparage or otherwise negatively impact Company.

  1. EVENTS SUBJECT TO CHANGE, CANCELLATION OR REMOVAL. All telephone town hall or other events that you subscribe to on or through the Services or are otherwise accessed through or posted on the Services (“Event(s)”) are subject to change or cancellation at any time, with or without notice to you. If you have subscribed to an Event and the time or date of the Event changes or the Event is cancelled, we may, but are not obligated to, attempt to notify you prior to the originally scheduled Event time. In addition, any rebroadcast of a past Event may be removed from the Services at any time without notice to you.

  1. EVENTS AND SUBSCRIPTIONS.

    1. Event Participation. By participating in an Event, you agree that your voice and the Event may be monitored, recorded, made into derivative works, rebroadcast and used in other formats in various media on the Services or otherwise. You agree that you have no rights, title or interest in or to the copyrights associated with the Events and that your voice is part of that copyright. By participating in an Event, you have no claim to any copyright or any other intellectual property right in any recording or copyrighted work of the Event. You also agree that you will not assert any right of privacy or right of publicity related to your participation in the Event.

    1. Events and Subscriptions. When you subscribe to an Event or subscribe to a channel, you authorize us to contact you (via email, text message or pre-recorded call, using automated technology) to provide information about: (i) your use of the Services; (ii) the Event(s) or channels you have subscribed to; (iii) Content that may interest you; (iv) updates to the Services; or (v) other information concerning the Services. In addition, you authorize us to share your information with our customers that host or sponsor Events, our channels and third-party service providers (“Partners”). If you unsubscribe from an Event or a channel, we will use reasonable efforts to notify the applicable Partners that you have unsubscribed. However, Company is not responsible or liable in any way if a Partner continues to contact you or for any other actions or inactions of our Partners with respect to your information.

    1. Unsubscribe. To unsubscribe from an Event or a channel, follow the instructions under the “My Subscriptions” tab in the main menu. You may also opt out of receiving phone calls, emails or texts from us by following any instructions provided in such phone call, email or text or by sending us an email with the relevant information.

  1. PRIVACY STATEMENT. Any information that you provide on or through the Services is subject to our Privacy Statement, which governs our collection and use of information about you, including personally identifiable information. You understand and agree that through your access and use of the Services you consent to the collection and use of information about you as set forth in the Privacy Statement, including the transfer of this information to the United States and/or other countries for storage, processing and use by Company and its Partners. The Privacy Statement is incorporated into and made a part of these Terms of Use.

  1. POSTINGS.

    1. Postings. The Services may contain blogs, message boards, forums, comment areas and other interactive features where users can share and display materials, information and audible commentary (“Posting(s)”). You agree that you will not post, transmit or discuss any of the following on or through the Services or its Postings:

      1. anything that interferes with or disrupts the Services or the operation of the Services;

      2. statements or material that defames, harasses, abuses, stalks, threatens, intimidates or in any way infringes on the rights of others;

      3. unauthorized copyrighted materials or any other material that infringes on the intellectual property rights, trade secrets or privacy of others;

      4. statements or material that violates any contractual or fiduciary rights, duties or agreements;

      5. statements or material that is bigoted, hateful or racially offensive;

      6. statements or material that encourages criminal conduct or that would give rise to civil liability or otherwise violates any law or regulation in any jurisdiction;

      7. statements, images or other material that contains vulgar, obscene, profane or otherwise objectionable language or images that typically would not be considered socially or professionally responsible or appropriate in person;

      8. statements or material that harms minors;

      9. statements or material that impersonates any other person or entity, whether actual or fictitious, including employees and representatives of Company;

      10. statements or material that misrepresents your affiliation with any entity and/or Company;

      11. anything that violates the privacy or publicity rights of any other person, including displaying any personal identifying information of another individual;

      12. statements or material that constitutes junk mail, spam or unauthorized advertising or promotional materials; or

      13. files that contain malicious code, viruses, corrupted files or any other similar software or programs that may damage the operation of another’s computer, network or the Services.

    1. Permission for Postings. You represent that you have all necessary rights, consents or permissions to make any Posting. You also acknowledge that all Postings are non-confidential and that Company has no control over the extent to which any idea or information may be used by any party or person once it is posted or displayed. In connection with making any Posting, you hereby and automatically grant to Company a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable right and license (through multiple tiers) to copy, distribute, create derivative works from, display, modify, reformat, transmit and otherwise use any such content or information for any purpose in any form, media or technology now known or later developed for the full term of any rights that may exist in such content or information. Company assumes no responsibility for the deletion of or failure to store any Posting, Content or information. Company is not a publisher of any Posting and is merely functioning as an intermediary to enable you to provide and display a Posting.

    1. No Pre-Screening of Postings. Company is not responsible for screening, policing, editing or monitoring your or another user’s Postings. Company does not endorse or oppose any opinion or information provided by you or another user and does not make any representation with respect to, nor does it endorse the accuracy, completeness, timeliness or reliability of, any advice, opinion, statement or other material displayed, uploaded or distributed by you or any other user. Nevertheless, Company reserves the right to delete or take other action with respect to Postings (or parts thereof) that Company believes in good faith violate these Terms of Use, are (or potentially are) unlawful or harmful to Company or its products, services and goodwill, or for any other reason in Company’s sole discretion. If you violate these Terms of Use, Company may, in its sole discretion, delete the unacceptable content from your Posting, remove or delete the Posting in its entirety, issue you a warning and/or terminate your access or use of the Services.

  1. PROPRIETARY RIGHTS. These Terms of Use provide only a limited right to access and use the Services. Accordingly, you expressly acknowledge and agree that Company transfers no ownership or intellectual property interest or title in and to the Services or any Content, Postings or other materials or information posted on or through the Services to you or anyone else. All text, graphics, sound files, video files, user interfaces, visual interfaces, photographs, artwork, computer code (including html code), programs, software, products, information and documentation as well as the design, structure, selection, coordination, expression, “look and feel” and arrangement of any Content, information or materials contained on or available through the Services, unless otherwise indicated, are owned, controlled and licensed by Company and its successors and assigns and are protected by law, including United States copyright, trade secret, patent and trademark law, as well as other state, national and international laws and regulations. Company does not grant any express or implied right to you or any other person under any intellectual or proprietary rights. Accordingly, any unauthorized use of the Services or any Content may violate intellectual property or other proprietary rights laws as well as other laws, regulations and statutes. The Services are Copyright © 2016 Victory Music. All rights reserved. Victory Music, victory music.buzz, the Victory Music logo, Company, the Company logo and all other names, logos and icons identifying Company and its programs, products and services are proprietary trademarks or service marks of Company, and any use of such marks without the express written permission of Company is strictly prohibited. Other service and entity names or logos mentioned or displayed on the Services may be the trademarks and/or service marks of their respective owners.

  1. FEEDBACK AND SUBMISSIONS. Company welcomes your general feedback and comments about the Services or Company’s products and services. However, Company and its employees are in constant development of new products, services, technologies, product enhancements, processes, materials, marketing and promotional plans, and product names. Company does not accept or consider any suggestions, information, material or other ideas (collectively, “Submissions”) for use in any of its products or services or the Services that have not been specifically requested by Company. Company asks that you refrain from making any such Submissions. If you ignore this request, any Submissions you make to Company will automatically become the property of Company. By making a Submission, you assign all right, title and interest in and to such Submission to Company. Company will thereafter exclusively own all existing rights to such Submission. You acknowledge and agree not to contest Company’s rights to use and disclose such Submissions in any manner and for any purpose, commercial or otherwise. You further acknowledge and agree that you will not be compensated for any Submission.

  1. LINKS TO OTHER SITES. Company may provide links, in its sole discretion, to other websites for your convenience, including websites of our Partners, websites through which you are able to log into the Services using your existing account and log-in credentials for such third party website, and other websites that may provide or help you locate information, products and services. These websites have not necessarily been reviewed by Company, are maintained by third parties over which Company exercises no control and may have different privacy policies and terms and conditions than the Services that govern your use of such websites. Accordingly, Company expressly disclaims any responsibility or liability for the content, the materials, the accuracy of the information and/or the quality of the products or services provided by, available through or advertised on these third-party websites. Moreover, these links do not imply an endorsement with respect to any third party or any website or the information, products or services provided by any third party.

  1. THIRD-PARTY PRODUCTS/SERVICES. Company, in its sole discretion, may post the advertisements of third parties on the Services and/or feature materials, programs, products and services provided by third parties, including Company’s Partners. Company makes no representations with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness or reliability of such third-party materials, programs, products and services or any other materials, programs, products and services which such third-party materials, products and services may access. Your correspondence or any other dealings with third parties found on the Services are solely between you and such third parties. Accordingly, Company expressly disclaims any responsibility or liability for all third-party provided materials, programs, products and services contained on or accessed through the Services, and you agree that Company will not be responsible for any loss or damage of any sort incurred as a result of any such dealings with or as the result of the presence of such third parties on the Services.

  1. NOTICE AND PROCEDURE FOR CLAIMS OF COPYRIGHT INFRINGEMENT. If you believe that any Content, Event, Posting or other materials or information displayed on or provided through the Services, including through a link, infringes your copyright, then you may submit a notification pursuant to the Digital Millennium Copyright Act by providing our Copyright Agent with an email (please use subject line “DMCA Notice”). See 17 U.S.C. § 512 for more information. To be effective, the notice must be in writing and contain the following:

    1. An electronic or physical signature of the person authorized to act on behalf of an exclusive copyright interest;

    2. A description of the copyrighted work that you claim has been infringed;

    3. A description of where the material that you claim is infringing is located on the Services that is reasonably sufficient to enable Company to identify and locate the material;

    4. How Company can contact you, such as your address, telephone number and email address;

    5. 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; and

    6. A statement by you that the information in your notice is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner or the owner of an exclusive right in the material.

You may also contact us by mail at Attention: Copyright Agent, Victory Music, 1000 Ballpark Way, Suite #315, Arlington, TX 76011

Any communication sent to the Copyright Agent or email for any purpose other than communication about copyright infringement may not be answered. Company may terminate repeat infringers under appropriate circumstances.

If you believe that any material you submitted that was removed or to which access has been disabled is not infringing, or that you have the authorization of the copyright owner, the copyright owner’s agent or pursuant to law, to post and use the material, then you may send a counter-notice containing the following information to the Copyright Agent:

    1. Your physical or electronic signature;

    2. 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;

    3. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material; and

    4. Your name, physical address, telephone number and email address, a statement that you consent to the jurisdiction of the federal court in Dallas, Texas, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

  1. NOTICE AND PROCEDURE FOR CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT.These Terms of Use prohibit users from violating another party’s intellectual property rights. For copyright claims, intellectual property owners should follow the terms related to removal of copyrighted material as set forth in Section 11. For other intellectual property violations, rights holders may submit a valid notice of intellectual property infringement to Company via email. A valid notice of infringement must identify the following:

    1. Identification of the work claimed to have been infringed (e.g., trademark registration);

    2. Identification of the material that is claimed to be infringing together with information sufficient to locate the allegedly infringing material on the Services;

    3. Your contact information, including your address, telephone number and a valid email address; and

    4. A statement by you that you have a good faith belief that use of the material is not authorized.

You may also contact us by mail at Attention: Legal Department, Victory Music, 1000 Ballpark Way, Suite #315, Arlington, TX 76011.

By submitting a valid notice of infringement, you agree that we may provide your request to the user who posted the material addressed in your notice. Upon receipt of a valid notice of intellectual property infringement, Company may remove or disable access to the allegedly infringing content in its sole discretion. Company may terminate repeat infringers under appropriate circumstances.

  1. DISCLAIMER. THE CONTENT, EVENTS, POSTINGS, INFORMATION, SERVICES, PROGRAMS, SOFTWARE AND MATERIALS AVAILABLE ON OR THROUGH THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS AND MAY INCLUDE ERRORS, OMISSIONS OR OTHER INACCURACIES. COMPANY IS NOT RESPONSIBLE FOR ANY CONTENT, EVENTS, POSTINGS OR THIRD PARTY PRODUCTS OR SERVICES THAT ARE AVAILABLE THROUGH OR FROM THE SERVICES OR FOR ANY ACTIONS OR INACTIONS OF OUR PARTNERS. MOREOVER, COMPANY MAY MAKE MODIFICATIONS AND/OR CHANGES TO THE SERVICES OR IN THE CONTENT, EVENTS, POSTINGS, INFORMATION, SERVICES, PROGRAMS, SOFTWARE AND MATERIALS AVAILABLE ON OR THROUGH THE SERVICES AT ANY TIME AND FOR ANY REASON. YOU ASSUME THE SOLE RISK OF MAKING USE OF AND/OR RELYING ON THE CONTENT, EVENTS, POSTINGS, INFORMATION, SERVICES, PROGRAMS AND MATERIALS AVAILABLE ON OR THROUGH THE SERVICES. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE RESULTS THAT CAN BE ACHIEVED FROM OR THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY OR ACCURACY OF THE CONTENT, EVENTS, POSTINGS, INFORMATION, SERVICES, PROGRAMS AND MATERIALS AVAILABLE ON OR THROUGH THE SERVICES FOR ANY PURPOSE, AND EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. COMPANY ALSO MAKES NO REPRESENTATION OR WARRANTY THAT THE SERVICES WILL OPERATE ERROR FREE OR IN AN UNINTERRUPTED FASHION OR THAT ANY FILES OR INFORMATION THAT YOU DOWNLOAD FROM OR THROUGH THE SERVICES WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES.

  1. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATING TO THESE TERMS OF USE, ACCESS OR USE OF THE SERVICES, THE DELAY OR INABILITY TO USE THE SERVICES, SUBSCRIPTION TO OR PARTICIPATION IN ANY EVENT OR CHANNEL, ANY CONTENT, EVENTS, POSTINGS, INFORMATION, SERVICES, PROGRAMS, PRODUCTS AND MATERIALS AVAILABLE ON OR THROUGH THE SERVICES, OR ANY ACTIONS OR INACTIONS OF OUR PARTNERS, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF SUCH DAMAGES WERE FORESEEABLE OR IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY. NOTWITHSTANDING THE FOREGOING, THE TOTAL LIABILITY OF COMPANY FOR ANY REASON WHATSOEVER ARISING FROM OR RELATING TO THESE TERMS OF USE, ACCESS OR USE OF THE SERVICES, THE DELAY OR INABILITY TO USE THE SERVICES, SUBSCRIPTION TO OR PARTICIPATION IN ANY EVENT OR CHANNEL, ANY CONTENT, EVENTS, POSTINGS, INFORMATION, SERVICES, PROGRAMS, PRODUCTS AND MATERIALS AVAILABLE ON OR THROUGH THE SERVICES, OR FOR ANY ACTIONS OR INACTIONS OF OUR PARTNERS WILL NOT EXCEED $100.

  1. INDEMNITY. You agree to defend, indemnify and hold harmless Company, its affiliates and Partners and all of their respective employees, agents, directors, officers, members, shareholders, attorneys, successors and assigns from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys’ fees and litigation expenses) arising from or relating to: (a) your access or use of the Services or any Content; (b) your subscription to or participation in any Event or channel; (c) any breach by you of these Terms of Use; (d) your violation of any third party right, including copyright, privacy or property right; or (e) any claim of a third party arising from your actions or inactions.

  1. DISPUTE RESOLUTION, ARBITRATION, CLASS ACTION WAIVER, VENUE, WAIVER OF JURY TRIAL, ETC.

         PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS.

    1. Pre-Arbitration Claim Resolution. We always prefer to resolve issues with you as quickly and efficiently as possible. Before initiating any arbitration or other proceeding, you agree to first discuss the matter with Company informally. To do so, please send your full name, address and contact information, a description of your concern and your proposed solution to us via mail at Attention: Legal Department, Victory Music, 1000 Ballpark Way, Suite #315, Arlington, TX 76011. If Company does not resolve your concern within 45 days after it receives your written notification, then you may pursue your matter in arbitration. You may pursue your matter in court only under the circumstances described in this Section.

    1. Arbitration. You agree that any claim, dispute, controversy or cause of action that you may have against Company and its affiliates and all of their respective employees, agents, directors, officers, members, shareholders, attorneys, successors and assigns arising from or relating to these Terms of Use, access or use of the Services, the delay or inability to use the Services, subscription to or participation in any Event or channel, any Content, Postings, information, services, programs, products and materials available on or through the Services, any actions or inactions of our Partners, or for any other matter concerning your relationship with us (a “Claim”) must be resolved through binding arbitration before a single arbitrator under the Commercial Arbitration Rules of the American Arbitration Association, except as set forth in this Section. All arbitrator decisions are final and binding and may be enforced in any court of competent jurisdiction. Because the Services and these Terms of Use concern interstate commerce, all Claims and this arbitration agreement will be governed by the Federal Arbitration Act, and not by any state law concerning arbitration. Each party will bear the expense of that party’s attorneys, experts, witnesses and other fees and expenses regardless of which party prevails. However, if you prevail in the arbitration, then we will reimburse you for any initial filing fees paid by you.

    1. Small Claims Court. Instead of using arbitration, you may pursue a Claim in small claims court as long as (i) the Claim is subject to the rules of small claims court; (ii) the Claim remains in that court, and (iii) the Claim is made solely on your behalf and on an individual basis. If the Claim is transferred or appealed to a different court, we reserve our right to elect arbitration.

    1. Right to Opt Out of Arbitration. You may opt out of the arbitration provision in Section 16(b) by providing us with a written notice within 30 days following the date that these Terms of Use first become applicable to you. The notice must be sent via mail to Attention: Legal Department, Victory Music, 1000 Ballpark Way, Suite #315 Arlington, TX 76011, and must include your full name, your address and contact information, and a clear statement that you do not wish to resolve Claims against us through arbitration. Any opt-out request received after the 30 day deadline will not be valid and you must pursue your Claim in small claims court or arbitration.

    1. Waiver of Class Action. YOU AGREE TO ARBITRATE OR LITIGATE (IF APPLICABLE) ANY CLAIM ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A REPRESENTATIVE OR MEMBER OF A CLASS. AS SUCH, YOUR CLAIMS MAY NOT BE JOINED WITH ANY OTHER CLAIMS AND NO DISPUTE MAY BE ARBITRATED OR LITIGATED (IF APPLICABLE) ON A CLASS ACTION BASIS OR BROUGHT BY A PURPORTED CLASS REPRESENTATIVE. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS OF USE, THE PARTIES AGREE THAT NO CLASS ACTION WILL BE ARBITRATED.

    1. Venue. You and Company each agree to submit to exclusive subject matter jurisdiction, personal jurisdiction and venue of the courts in Dallas, Texas for any Claims. All arbitration hearings will be held in Dallas, Texas.

    1. Time Limit for Making Claims. Any Claim you might have against Company must be brought within one year after the Claim arose, or such Claim is barred.

    1. Waiver of Jury Trial. YOU AGREE THAT YOU ARE WAIVING THE RIGHT TO A JURY TRIAL.

  1. GOVERNING LAW. These Terms of Use have been made in and will be construed and enforced solely in accordance with the laws of the United States and the State of Texas as applied to agreements entered into and completely performed in the State of Texas.

  1. ENFORCING SECURITY ON THE SERVICES. You may not access or use, or attempt to access or use, the Services in any manner not expressly authorized under these Terms of Use. Company reserves the right to view, monitor and record activity on the Services without notice or permission from you, including by archiving notices or communications sent by you on or through the Services. Any information obtained by viewing, monitoring or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal or unlawful activity on the Services, as well as to disclosures required by or under applicable law or related government agency actions. Company may also comply with all court orders involving requests for such information. In addition, Company reserves the right, at any time and without notice, to modify, suspend, terminate or interrupt operation of or access to the Services, or any portion of the Services, in order to protect the Services, Company or Company’s business.

  1. TERM AND TERMINATION, SURVIVAL. These Terms of Use will take effect as soon as you access or use the Services and will remain effective unless and until terminated by either you or Company. You may terminate these Terms of Use at any time and for any reason by unsubscribing from all your Events and channels, if applicable, and by discontinuing any further access or use of the Services, any Content or any Events. Company may terminate these Terms of Use at any time and for any reason and may do so immediately without notice. In addition, Company reserves the right at any time and for any reason, including any actions or omissions by you that violate any term or condition of these Terms of Use, to terminate, suspend or deny your access to or use of the Services (or any portion of the Services), any Content, any Event or any channel. The terms and conditions that by their nature should survive will survive termination of these Terms of Use for any reason, including the following provisions: 2(d), 2(g), 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19 and 22.

  1. FORCE MAJEURE. You expressly absolve and release Company from any claim of harm resulting from a cause beyond Company’s control, including failure of electronic or mechanical equipment or communication lines, Internet, telephone or other connection problems, computer viruses, unauthorized access, theft, operator errors, severe weather, natural disasters, strikes or other labor problems, wars, acts of terrorism or governmental restrictions.

  1. GENERAL GIVEAWAY RULES. From time to time, our Partners may give away prizes during an Event or in connection with an Event. Unless otherwise stated on the Services, during the Event or in another communication about the giveaway, the following rules govern any prizes given away during an Event or in connection with an Event:

    1. The prize giveaway is sponsored and administered by the Partner sponsoring the Event.

    2. Prizes to be given away will be announced during the Event or in another communication about the giveaway.

    3. Prize winners will be selected randomly (or as described during the Event or in another communication about the giveaway) and announced during the Event or through a separate communication.

    4. You must be at least 18 years old and a U.S. resident to participate in the giveaway. Prizes may be limited to one prize per individual per Event.

    5. The sponsor may substitute any prize for another prize of equal or greater value. Prizes are not transferable or redeemable for cash.

    6. The odds of winning will depend on the number of people participating in the Event.

    7. You will be notified of the timing and method of prize delivery during the Event or in another communication about the giveaway.

    8. You agree to be bound by and comply with these rules and all decisions regarding the prize giveaway, which are final and binding.

    9. Winners are responsible for any applicable taxes.

    10. Neither Company nor the Partner sponsoring the prize giveaway are responsible or liable for any telephone, Internet or electronic malfunctions, for any claims or losses related to use of a prize or participation in the giveaway, or any non-delivery or dissatisfaction with a prize.

    11. The prize giveaway may be modified or terminated at any time and for any reason.

    12. No purchase necessary to participate.

    13. Void where prohibited. Subject to federal, state and local laws.

    14. If the giveaway was communicated via Facebook or other websites, then please note that the giveaway is not sponsored, endorsed or administered by, or associated with Facebook or the other websites. You agree to release Company, Facebook and any other websites that communicated the giveaway from any and all responsibility or liability in connection with the giveaway.

  1. MISCELLANEOUS.

    1. Equitable Relief. You acknowledge that any actual or threatened breach of these Terms of Use will cause irreparable injury to Company, such injury would not be quantifiable in monetary damages, and Company would not have an adequate remedy at law. You therefore agree that Company is entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any actual or threatened breach of your obligations under any provision of these Terms of Use. Accordingly, you hereby waive any requirement that Company post any bond or other security if any injunctive or equitable relief is sought by or awarded to Company to enforce any provision of these Terms of Use.

    1. No Assignment. These Terms of Use are for the benefit of you and Company, as well as Partners and Company’s affiliates, successors and assigns. Accordingly, these Terms of Use are personal to you, and you may not assign your rights or obligations to any other person or entity without Company’s prior written consent.

    1. Waiver. Failure by Company to insist on strict performance of any of the terms and conditions of these Terms of Use will not operate as a waiver by Company of that or any subsequent default or failure of performance.

    1. Severability. If any provision (or part thereof) contained in these Terms of Use is determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction or on account of a conflict with an applicable government regulation, such determination will not affect the remaining provisions (or parts thereof) contained herein, and the illegal, invalid or unenforceable clause will be modified in compliance with applicable law in a manner that most closely matches the intent of the original language.

    1. Relationship. No joint venture, partnership, employment or agency relationship exists between you and Company as a result of these Terms of Use or your access or use of the Services.

    1. Entire Agreement. These Terms of Use, along with Company’s Privacy Statement and any consents you gave or agreements you made while subscribing for an Event, subscribing to a channel or using the Services, represents the entire agreement between you and Company with respect to your access and use of the Services and any Content, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Company with respect to your access and use of the Services and any Content.

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