Last Modified: July 12, 2014
This Site is offered and made available only to users 14 years of age or older (the "Site Minimum Age") and is designed and targeted to audiences residing in, and is governed and operated in accordance with the laws of, the United States of America, its territories and possessions ("U.S."), but certain features on this Site may be subject to heightened age and/or other eligibility requirements. For example, if this Site requires you to be at least 14 years of age, please be aware that VII may create certain areas on the Site that contain content for which you must be at least 17 years of age to access and view even if this Site's age eligibility requirements are less than 17 years of age. If you are not yet the Site Minimum Age or the required greater age for certain features, do not reside in the U.S. and/or do not meet any other eligibility requirements, please discontinue using the Site immediately or, if for any reason, you do not agree with all of the terms and conditions contained in this Agreement, please discontinue using the Site immediately, because by using or attempting to use the Site, you certify that you are at least the Site Minimum Age or other required greater age for certain features and meet any other eligibility and residency requirements of the Site.
The words "use" or "using" in this Agreement, means any time an individual (a "user"), directly or indirectly, with or without the aid of a machine or device, does or attempts to access, interact with use, display, view, print or copy from the Site, transmit, receive or exchange data or communicate with the Site, or in any way utilizes, benefits, takes advantage of or interacts with any function, service or feature of the Site, for any purpose whatsoever. This Agreement does not cover your rights or responsibilities with respect to third party content or sites or any links that may direct your browser or your connection to third party sites or pages. This is the entire and exclusive Agreement between you and us regarding use of the Site and it cannot be modified, except as specifically described below in Section 2. This Agreement applies regardless of whether you are accessing the Site via a personal computer, a mobile device or any other technology or devices now known or hereafter developed or discovered (each, a "Device").
MODIFICATIONS TO THIS AGREEMENT
OWNERSHIP OF INTELLECTUAL PROPERTY
The contents of this Site, including all Site software, design, text, images, photographs, illustrations, audio and video material, artwork, graphic material, databases, proprietary information and all copyrightable or otherwise legally protectible elements of the Site, including, without limitation, the selection, sequence and 'look and feel' and arrangement of items, and all trademarks, service marks and trade names (individually and/or collectively, "Material"), are the property of VII, and any of their successors and assigns, and any of their respective licensors, Advertisers (as defined below), suppliers, and operational service providers and are legally protected, without limitation, under U.S. Federal and State, as well as applicable foreign laws, regulations and treaties. Unless the context clearly requires otherwise or we explicitly say so in writing, the term "Site" includes "Material" as well. The Site is to be used solely for your noncommercial, non-exclusive, non-assignable, non-transferable and limited personal use and for no other purposes. You must not alter, delete or conceal any copyright or other notices contained on the Site, including notices on any Material you download, transmit, display, print or reproduce from the Site. You shall not, nor will you allow any third party (whether or not for your benefit) to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party website), or otherwise use, any Material without the express prior written consent of VII or its owner if VII is not the owner. Any unauthorized or prohibited use of any Material may subject you to civil liability, criminal prosecution, or both, under applicable federal, state and local laws. We require users to respect our copyrights, trademarks, and other intellectual property rights. We likewise respect the intellectual property of others. On notice, we will act expeditiously to remove content on the Site that infringes the copyright rights of others and will disable the access to the Site and its services of anyone who uses them to repeatedly to infringe the intellectual property rights of others.
We take protection of copyrights, both our own and others, very seriously. We therefore employ multiple measures to prevent copyright infringement over this Site and to promptly end any infringement that might occur. If you believe that the Site contains elements that infringe your copyrights in your work, please follow the procedures set forth in our Copyright Compliance Policy
From time to time, you may communicate with, receive communications from, be re-directed to, interact with, or participate in or use the services or obtain goods and services of or from, third parties (collectively, the "Advertisers") such as our advertisers, sponsors, or promotional partners as a result of your use of the Site. All such communication, interaction and participation is strictly and solely between you and such Advertisers and we shall not be responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the Advertiser or any goods or services you may purchase or obtain from any Advertiser).
RULES OF CONDUCT
Your use of the Site is subject to all applicable laws, rules and regulations and, in some cases, international treaties. You are solely responsible for all activities, acts and omissions that occur in, from, through or under your user name or password. You shall not use, allow, or enable others to use the Site, or knowingly condone use of this Site by others, in any manner that is, attempts to, or is likely to:
- be libelous, defamatory, indecent, vulgar or obscene, pornographic, sexually explicit or sexually suggestive, racially, culturally, or ethnically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory, or abusive, or which may or may appear to impersonate anyone else;
- affect us adversely or reflect negatively on us, the Site, our goodwill, name or reputation or cause duress, distress or discomfort to us or anyone else, or discourage any person, firm or enterprise from using all or any portion, features or functions of the Site, or from advertising, linking or becoming a supplier to us in connection with the Site;
- send or result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, or so-called "spamming" and "phishing"
- be used for commercial or business purposes, including, without limitation, advertising, marketing or offering goods or services, whether or not for financial or any other form of compensation or through linking with any other website or web pages
- transmit, distribute or upload programs or material that contain malicious code, such as viruses, timebombs, cancelbots, worms, trojan horses, spyware, or other potentially harmful programs or other material or information
- forge any TCP/IP packet header or part of the header information in any email or newsgroup posting for any reason
- violate any laws, rules or regulations (including, without limitation, laws regarding the transmission of technical data or software exported from the United States), judicial or governmental order, any treaties or violate or infringe upon any intellectual property rights, rights of publicity or privacy, or any other rights of ours or of any other person, firm or enterprise; gain unauthorized access to the Site, other users' accounts, names, passwords, personally identifiable information or other computers, websites or pages, connected or linked to the Site or to use the Site in any manner which violates or is inconsistent with the terms and conditions of this Agreement;
- modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of the Site or the rights or use and enjoyment of the Site by any other person, firm or enterprise;
- collect, obtain, compile, gather, transmit, reproduce, delete, revise, view or display any material or information, whether personally identifiable or not, posted by or concerning any other person, firm or enterprise, in connection with their or your use of the Site, unless you have obtained the express, prior permission of such other person, firm or enterprise to do so; or
- without our prior permission, use(s) manual or automated software, devices, scripts, robots or other means or processes to access, "scrape," "crawl" or "spider" any web pages or other services contained in the Site.
We may offer certain e-commerce services including the ability to purchase goods and services via a South Park Studios shop (the "E-Commerce Service" or "South Park Studios Shop"). Additional terms apply to your use and access of the E-Commerce Service and the terms are Additional Terms and incorporated herein by reference.
The E-Commerce Service utilizes third party operational service providers. All purchases made through these third party operational service providers are subject to their respective terms and conditions of use. Additional information regarding the South Park Studios Shop's third party service providers can be found here. We and VII are not responsible and have no liability whatsoever for goods or services you obtain through our third party service providers or other web sites or web pages. We encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third parties. We and VII do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any such third party, and you irrevocably waive any claim against us with respect to such sites. We and VII are not responsible for assisting you in correcting any problem you may experience with goods and services purchased through a third party service provider, even if the goods or services were shown on a Site page. We cannot ensure that you will be satisfied with any products or services that you purchase from any third-party operational service provider as those are owned and operated by independent entities. Customer service issues related to goods or services should be directed to the relevant third party operational service provider. Please visit the South Park Studios Shop Account page for more information.
We and VII do not guarantee that product descriptions or other content will be accurate, complete, reliable, current, or error-free. Descriptions and images of, and references to, products on the Site do not imply our or any of our affiliates' endorsement of such products. Furthermore, customer reviews seen in the South Park Studios Shop are provided by Amazon.com users and are subject to Amazon.com's own community guidelines. We, VII, and our third party operational service providers reserve the right, with or without prior notice, to change product descriptions, images, and references; to limit the available quantity of any product; to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from conducting any or all transaction(s); and/or to refuse to provide any user with any product. Price and availability of any product are subject to change without notice.
WIRELESS MARKETING SERVICES AND PROMOTIONAL OPPORTUNITIES
Users that register for Comedy Central's wireless marketing services acknowledge, understand and agree that they may be charged by the user's wireless carrier for all messages sent to the user from Comedy Central and/or by users to Comedy Central. Standard messaging rates will apply, unless noted otherwise. Under no circumstances will Comedy Central or VII be responsible for any text messaging or other charges incurred by a user or by a person that has access to a user's wireless device, telephone number, or email address.
A user understands, acknowledges and agrees that Comedy Central may, at its sole discretion and without liability to any user, terminate its offer of any specific wireless marketing service or all wireless marketing services at any time without advance notice. Comedy Central may provide notice of terminations or changes in services on this Site.
CLOSED CAPTIONING OF INTERNET PROTOCOL-DELIVERED VIDEO PROGRAMMING
In accordance with the Twenty-First Century Communications and Video Accessibility Act of 2010, all video programming distributors that make video programming available directly to end users through a distribution method that uses the internet protocol are required to provide contact information to end users for the receipt and handling of written closed captioning complaints.
If you have a complaint regarding the Site's compliance with the closed captioning requirements of the Twenty-First Century Communications and Video Accessibility Act of 2010, please click here.
Your comments, suggestions and information are important to us. Portions of this Site may provide you and other users an opportunity to participate in forum services, blogs, web communities and other message and communication facilities ("Communities") and may provide you with the opportunity, through such Communities or otherwise, to submit, post, display, transmit and/or exchange information, ideas, opinions, messages, content, media or materials (collectively, "Post" or "Postings").
Responsibility for Postings; Right to Review, Monitor, Edit and/or Screen and Take Other Actions.
You understand, acknowledge and agree that Postings are the sole responsibility of the person from which such Postings originated. This means that you are solely and entirely responsible for the consequences of all Postings that you (including, but not limited to, Postings made under your name, user name and/or email address) upload, post, email, transmit or otherwise make available via the Site.
Postings do not reflect the views of the Site, Comedy Central or VII and the Site, Comedy Central and VII do not represent or guarantee the truthfulness, accuracy or reliability of any Posting or endorse or support any opinions expressed in any Postings. Neither the Site, Comedy Central nor VII control any Postings submitted, although we may (in our sole discretion) use automated and/or manual means of reviewing Postings in order to prevent unauthorized content from appearing and being displayed on our Site. The Site, Comedy Central and VII reserve the right to review, monitor, edit and/or screen any Postings and to delete, remove, move, re-format, edit or reject, without notice to you, any Postings that we deem, in our sole discretion, to be in violation of this Agreement or to be unacceptable to the Site, Comedy Central or VII, or for any reason or for no reason whatsoever; provided, however, that the Site, Comedy Central and VII shall have no obligation or liability to you for failure to do so or for doing so in any particular manner. If we change your Postings, you will not be responsible for any such changes we make.
If we determine, in our sole discretion and judgment, that any Posting does or may violate any of the terms of this Agreement, in addition to our rights as described in this Agreement, we reserve the right, at any time and without limiting any and all other rights we may have under this Agreement, at law or in equity, to: (i) refuse to allow you to Post; (ii) remove and delete Postings; (iii) revoke your right to use the Site; and/or (iv) use any technological, legal, operational or other means available to us to enforce the provisions of this Agreement, including, without limitation, blocking specific IP addresses or deactivating your registration on the Site.
The amount of storage space on the Site per user is limited. Some Postings may not be processed due to space constraints or outbound message limitations. You understand, acknowledge and agree that we assume no responsibility for deletion of Postings or any failure to store, receive or deliver Postings in a timely manner or any other matter relating to Postings. Posting is for noncommercial purposes only and you may not Post in any manner which does or is intended to promote or generate revenue for any business enterprise or commercial activity.
Grant of Rights; Representations and Warranties.
If a Posting originates from you or your account, you hereby agree that (and each time you submit (or attempt to submit) a Posting, you reaffirm such agreement that): (i) you specifically authorize the Site, the Comedy Central Channel and VII to use such Posting in whole or in part, throughout the universe, in perpetuity in or on any and all media, now known or hereafter devised, and alone or together with or as part of other information, content and/or material of any kind or nature; (ii) you represent, warrant and covenant that (A) the Posting is original to you and/or fully cleared for use as contemplated herein, (B) the Posting does and will not, in any way, violate or breach any of the terms of this Agreement, (C) the Posting does not contain libelous, tortious, obscene or otherwise unlawful material or information, (D) the Posting, and Comedy Central's and VII's exercise of the rights you grant to us, the Comedy Central Channel and VII to the Postings, will not infringe upon, misappropriate or otherwise violate any copyright or other intellectual property rights, privacy, publicity or other rights of any party, or otherwise violate any other applicable law, rule or regulation, (E) the Posting shall not be injurious to the health of any user, (F) neither we, the Comedy Central Channel nor VII shall be required to pay or incur any sums to any person or entity as a result of our use or exploitation of the Posting, and (G) all of the information provided by you associated with your Posting is correct, complete and accurate; and (iii) if your Posting incorporates the name, logo, brand, service or trademark, voice, likeness or image of any person, firm or enterprise, you additionally represent, warrant and covenant to the Channel and VII that (A) you have the right to grant Comedy Central and VII the right to use all such Postings as described above, (B) the Posting was produced in compliance with all applicable laws and regulations and (C) for any Posting that contains original videos, you will comply with any applicable identification verification and record-keeping requirements, and our policies regarding governmental certification procedures relating thereto, and you will secure and maintain the requisite personal information and identification documentation for all individuals who appear in any such original videos, as may be required by law and/or otherwise requested or required by us in connection with our corporate compliance policies and practices, which includes (y) the individual's full legal name, current address, date of birth and (z) a legible photocopy of a valid government-issued identification document (e.g., a U.S. passport, state driver's license or valid photo ID card) to verify the individual's identity. With the submission of each such Posting, Comedy Central and VII reserve the right to request that you, and upon such request you must, deliver a full and complete set of such identification verification records to us, as well as a legible photocopy of your valid driver's license, passport or other acceptable government-issued photo identification for our verification and record-keeping purposes.
Upon the request of Comedy Central or VII, you will promptly furnish any documentation, substantiation and releases necessary and reasonably required to verify and substantiate your compliance with any or all of the terms and conditions of this Agreement, including, without limitation, the foregoing representations, warranties and covenants and, if applicable, you will promptly comply with any specific requests or directions we give you in connection with Postings you submit that may be subject to these requirements.
Notwithstanding anything to the contrary, you also understand and agree that Comedy Central and VII shall not be obligated or responsible for providing any guild or residual payments in connection with the submission and exploitation of any Posting.
If you believe that any content on the Site (including, without limitation, Postings) violates any of the terms of this Agreement (except for any notices covered by the Copyright Compliance Policy), please click here to send us a message about it (please refer to our Copyright Compliance Policy for any notices covered by the Copyright Compliance Policy). We cannot guarantee that we will respond to your message and we reserve the right to take or refrain from taking any or all steps available to us once we receive any such message.
CONTESTS, SWEEPSTAKES, AUCTIONS AND PROMOTIONS
From time to time, the Comedy Central Channel's, VII's or the Site's operational service providers, suppliers, and Advertisers, may conduct promotions on or through the Site, including, without limitation, auctions, contests and sweepstakes ("Promotions"). Each Promotion may have Rules or other Additional Terms which will be posted or otherwise made available to you and, for purposes of each Promotion, will be deemed incorporated into and form a part of this Agreement.
CERTAIN PRODUCTS AND SERVICES
RSS Feeds and Podcasts. The Site may provide RSS Feeds ("RSS Feeds") consisting of selected text, audio, video, and photographic content ("Content") from the Site that is provided over the Internet using an XML feed. Certain RSS Feeds may be podcasts ("Podcasts") which may include as part of the Content an associated audio, video and/or photographic file where the audio and/or video file may be downloaded and played from a user's Device or transferred to a portable listening device. Certain software and hardware is required for users to download and view and/or play Content through RSS Feeds. Content is protected by U.S. Federal and State laws, and applicable foreign laws, regulations and treaties, and all rights in and to the Content are reserved to Comedy Central, VII or the content provider. Content is available for personal, noncommercial use only and you may download, copy and/or transfer to a Device or through a Device to another Device the RSS Feeds and associated Content for your personal, non-commercial use only. You shall not, nor will you allow any third party to, reproduce, modify, create derivative works of, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party, or otherwise use any Content except as expressly authorized in this Section. By your access to and use of RSS Feeds, you understand, acknowledge and agree that Comedy Central and VII do not warrant that its RSS Feeds will operate on all Devices. Please see the "Disclaimer and Limitations of Liability" section below for further details.
HYPERLINKS TO THIRD PARTY SITES
DEACTIVATION/TERMINATION OF YOUR REGISTRATION OR USE
DISCLAIMER AND LIMITATIONS OF LIABILITY
THIS SITE, AND ALL MATERIALS, PRODUCTS AND POSTINGS ARE MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THE SITE WILL BE AVAILABLE FOR USE, OR THAT ALL PRODUCTS, FEATURES, FUNCTIONS OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED. Without limiting the foregoing, we are not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of the Site. You understand, acknowledge and agree that you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security and validity of any and all features and functions of the Site, including, without limitation, Postings and Materials associated with your use of the Site.
YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THIS SITE, THE COMEDY CENTRAL CHANNEL, VII, OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OPERATIONAL SERVICE PROVIDERS, ADVERTISERS, OR SUPPLIERS, SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, RELATING TO THE USE OF THE SITE OR THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES.
Notwithstanding any claim that a sole or exclusive remedy which is provided in this Agreement may or does fail of its essential purpose, you specifically acknowledge and agree that your sole and exclusive remedy for any loss or damage shall be to have VII, upon written notice from you to us, attempt to repair, correct or replace any deficient goods or services under this Agreement and, if repair, correction or replacement is not reasonably commercially practicable for VII, to refund any monies actually paid by you for the goods or services involved and to terminate and discontinue your use of the Site. You further understand and acknowledge the capacity of the Site, in the aggregate and for each user, is limited. Consequently some messages and transmissions may not be processed in a timely fashion or at all, and some features or functions may be restricted or delayed or become completely inoperable. As a result, you acknowledge and agree that VII assumes no liability, responsibility or obligation to transmit, process, store, receive or deliver transactions or Postings or for any failure or delay associated with any Postings and you are hereby expressly advised not to rely upon the timeliness or performance of the Site for any transactions or Postings. Some jurisdictions do not allow for the exclusion of certain warranties or certain limitations on damages and remedies, accordingly some of the exclusions and limitations described in this Agreement may not apply to you.
You agree to indemnify, defend and hold the Site, the Comedy Central Channel, VII, or any of their successors and assigns, and any of their respective officers, directors, employees, agents, representatives, licensors, Advertisers, suppliers, and operational service providers harmless from and against any and all claims, actions, losses, expenses, damages and costs (including reasonable attorneys' fees), resulting from any breach or violation of this Agreement by you, or public posting of your Postings.
VII reserves the right to assume, at its sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with VII in the defense of any such claim, action, settlement or compromise negotiations, as requested by VII.
ADS AND MALWARE
We take great care and pride in creating this Site. We are always on the lookout for technical glitches that affect how the Site works. When we find them on our end, we will fix them. Unfortunately, your Device may cause some glitches that effect how you see our Site -- and that is beyond our control.
If you experience any unusual behavior, content or ads on the Site, it may be the result of Malware on your computer. Malware -- short for MALicious softWARE -- is a term used to broadly classify a form of software which is installed in a computer system with malicious intentions, usually without the owner's knowledge or permission. Malware includes computer viruses, key loggers, malicious active content, rogue programs and dialers, among others. While we continuously work closely with our partners to ensure that everything on the Site is working properly, sometimes Malware programs on your Device may interfere with your experience on our Site and on other sites that you visit.
We suggest that you take some of the following actions which may help to clean your Device and which could prevent future installations of Malware.
Update your computer via Windows Update (found in the Tools menu in your Internet Explorer web browser).
Install Microsoft Defender (for Windows computers)
Please note that we cannot be responsible for the effects of any third-party software including Malware on your Device. Please make sure to carefully read the Help or Customer Support areas of any software download site.
If you do discover any Malware on your Device, we also suggest you speak with a qualified technician.
If, after taking the above actions, you are still experiencing any problems, feel free to contact us..
RESOLUTION OF DISPUTES: BINDING ARBITRATION; NO CLASS OR REPRESENTATIVE ACTIONS OR ARBITRATIONS
Informal Dispute Resolution. Except with respect to Claims described in Section 18(a)(2) above, before either you or VII pursue or participate in any Claim against the other party in arbitration or court proceedings, you or VII must notify the other party of the Claim in writing at least 60 days in advance of initiating the arbitration or court proceeding in order to provide a reasonable opportunity to resolve the Claim. You may send a written notice of your Claim to VII at 1515 Broadway, New York, New York 10036, Attention: Viacom Inc. General Counsel. VII may send written or electronic notice of its Claim to your email address, VII account or any physical or other address VII has for you. The notice must describe the Claim in reasonable detail and set forth the relief requested so that the other party has an opportunity to adequately address the Claim. Except with respect to Claims described in Section 18(a)(2) above, you and VII agree to negotiate in good faith with each other to try to informally resolve the Claim and, if you and VII do not reach an informal resolution of the Claim within 60 days, then the Claim may be submitted to binding arbitration as set forth in Section 18 or court as permitted by Section 18(a).
Arbitration Proceedings and Costs. Any arbitration will be administered by the American Arbitration Association ("AAA") pursuant to its Commercial Arbitration Rules, Expedited Procedures and Supplementary Procedures for Consumer-Related Disputes, as modified by this Agreement. The AAA Rules, and other information about the AAA, are available at www.adr.org or by calling 1-800-778-7879. A form for initiating arbitration proceedings is available on the AAA's website (see Demand for Arbitration at http://www.adr.org/aaa/ShowPDF?doc=ADRSTG_004177) and arbitration proceedings shall be initiated in the location described in Section 18. As required by the AAA Rules, if you initiate the arbitration proceedings, you must send the original copy of the completed form to VII, which should be sent to VII at the following address: 1515 Broadway, New York, New York 10036, Attention: Viacom Inc. General Counsel. If your Claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely based on documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing under the AAA Rules. In all cases, you and VII shall exchange documents and other information that you or VII intend to use in the arbitration. Beyond that, the arbitrator may, upon the request of a party, only order the production of additional specific documents that are essential to a matter of import in the arbitration for which you or VII can demonstrate a substantial need. Testimony shall be given at the hearing only.
Class Action Waiver. UNLESS YOU OPT OUT (AS DESCRIBED IN SECTION 18(e)), YOU AND VII AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WHETHER IN ARBITRATION OR IN COURT WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. You and VII expressly agree that any Claim is personal to you and VII, shall only be resolved by an individual arbitration (or individual court proceedings with respect to Claims excluded from mandatory arbitration as described in Section 18(a) of this Agreement), and shall in no event be brought as a class arbitration, a class action, or any other representative proceeding. The arbitrator (or court if the Claim is excluded from mandatory arbitration as described in Section 18(a) of this Agreement) may only conduct an individual arbitration (or court action if the Claim is excluded from mandatory arbitration as described in Section 18(a) of this Agreement), and may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding. If a court or arbitrator determines that this class action waiver is unenforceable in an action between you and VII, then this Agreement to arbitrate will be unenforceable. Neither you nor VII consent to class arbitration.
Right to Opt Out of Mandatory Arbitration and Class Action Waiver. If you do not wish to be bound by the mandatory arbitration and class action waiver provisions in Sections 18(a), 18(c) and 18(d), you must notify VII in writing (the "Arbitration/Class Action Waiver Opt-Out Notice"), where the arbitration/class action waiver opt-out notice meets all of the following requirements:
Sent by first class mail, postage prepaid, certified and return receipt requested or sent by overnight courier service (such as Federal Express) to Viacom Inc., Attention: Viacom Legal Department, Records Management, 1515 Broadway, 51st Floor, New York, NY 10036.
Postmarked if sent by first class mail or deposited with the overnight courier service no later than (A), if you register as a new registered user of the Site on or after July 12, 2014, 45 days after the date you accept this Agreement for the first time, (B), if you are already a registered user of the Site before July 12, 2014, 45 days after your first log in to the Site on or after July 12, 2014 unless an earlier deadline in Section 18(e)(ii)(C) applies or (C) for all other users of the Site, the earlier of (I) 45 days after you accept this Agreement for the first time on or after July 12, 2014, or (II) October 10, 2014 unless a longer period is required by applicable law.
Includes your first and last name, address, phone number, email address and, optionally, if applicable, your username or User ID if you are a registered user of the VII website(s), application(s) or other interactive services(s) along with an identification of the VII website(s), application(s) or other interactive services(s) for each such username or User ID. We shall use the foregoing information included in the Arbitration/Class Action Waiver Opt-Out Notice to record, process, maintain and administer your opt-out of the mandatory arbitration and class action waiver provisions and not for marketing purposes.
Includes a statement that you do not agree to the mandatory arbitration and class action waiver.
If the Arbitration/Class Action Waiver Opt-Out Notice meets all of the above requirements, you will be deemed to have opted out of the mandatory arbitration and class action waiver provisions in Section 18(a), Section 18(c) and Section 18(d) with respect to all VII websites, applications or other interactive services (including, but not limited to, those owned, operated and/or provided by Viacom Inc., Viacom International Inc., Paramount Pictures Corporation and BET).
If the Arbitration/Class Action Waiver Opt-Out Notice does not meet all of the above requirements, you will not be deemed to have opted out of the mandatory arbitration and class action waiver provisions in Section 18(a), Section 18(c) and Section 18(d).
Upon filing of an arbitration demand for Claims up to $75,000, VII will reimburse you for all necessary filing, administration and arbitrator fees paid by you to the AAA or, if you wish VII to pay such fees directly to the AAA, you must request payment of such fees by VII by mail to the AAA along with your form initiating arbitration and VII will make arrangements to pay such fees directly to the AAA. In the event the arbitrator determines that the Claim(s) you assert in the arbitration are frivolous or vexatious, you agree to reimburse VII for all fees associated with the arbitration paid by VII on your behalf. You agree that VII shall have no obligation to pay any other fees except as determined by the arbitrator.
For Claims that total more than $75,000, the AAA Rules will govern payment of filing, administration and arbitrator fees to the maximum extent permitted by law. The decision of the arbitrator will be binding and conclusive on all parties, and judgment to enforce the decision may be entered by any court of competent jurisdiction.
Governing Law, ARBITRATION LOCATION, Jurisdiction, Venue AND JURY TRIAL WAIVER.
With the exception of the provision above that the enforceability of Section 18 is governed both procedurally and substantively by the FAA, this Agreement and your use of the Site is otherwise governed by, construed and enforced in accordance with the laws of the State of New York (without regard to that state's conflict of laws rules).
You or VII shall initiate arbitration in the United States county or territory in which you reside or in New York in the event that you do not reside in the United States or one of its territories; provided, however, that, VII may elect to transfer the arbitration to New York County, New York in the event that it agrees to pay any additional fees or costs you incur as a result of the change in location as such additional fees or costs are determined by the arbitrator and to the maximum extent permitted by law. You and VII agree that any Claim that is allowed to proceed in court as set forth in Section 18(a) of this Agreement, or otherwise proceeds in court in the event the agreement to arbitrate above is found not to apply to you or a particular Claim as a result of a decision by the arbitrator or a court order or as a result of your opting out of the mandatory arbitration and class action waiver provisions, is subject to exclusive jurisdiction and venue in the State or Federal Courts situated in the Borough of Manhattan, New York City, State of New York.
To the extent it may be applicable, you and VII agree to opt out from and expressly exclude any applicability of the Uniform Computer Information Transactions Act. If any Claim proceeds in court rather than in arbitration, YOU AND VII WAIVE ANY RIGHT TO A JURY TRIAL.
Copyright © 2014 Viacom International Inc. - All Rights Reserved.