Terms of Use

Westminster Kennel Club Terms of Use Agreement

September 16, 2016

Description of Westminster Kennel Club Services and Acceptance of Terms of Use Including Arbitration of Disputes

Westminster Kennel Club Digital (“WKC,” “we” or “us”), which is operated and hosted by Fox Sports 1 LLC., has developed this Terms of Use Agreement (“Agreement”) to describe the terms that govern your use of the WKC Services (defined below). This Agreement applies to the WKC websites (“WKC Sites”), mobile sites, applications (“apps”), widgets, WKC Site Products (as defined below) and other content and services that are linked to this Agreement (collectively, the “WKC Services”). WKC is based in the United States and is a part of Fox Networks Group, Inc.’s United States based operations.

Your access to and use of certain WKC Services may require you to accept additional terms and conditions applicable to such WKC Services, including any future modifications (collectively, “Additional Terms”) in addition to this Agreement, and may require you to download software or Content (as defined below). The Additional Terms are made a part of this Agreement by this reference. In the event of a conflict, between any such Additional Terms and this Agreement, such Additional Terms will prevail over this Agreement with respect to your use of that specific WKC Service.

Use of the WKC Services is limited to users aged 13 years and above.

PLEASE NOTE THAT THE “ARBITRATION AGREEMENT” SECTION BELOW CONTAINS PROVISIONS THAT REQUIRE (i) WITH LIMITED EXCEPTIONS, ALL DISPUTES ARISING BETWEEN YOU AND WKC UNDER THIS AGREEMENT TO BE RESOLVED IN BINDING ARBITRATION, AND NOT IN COURTAND (ii) YOU AND WKC WAIVE THE RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION IN CONNECTION WITH SUCH DISPUTES.  PLEASE CLICK HERE TO REVIEW THE ARBITRATION AGREEMENT. BY USING THIS SITE AND ACCEPTING THIS AGREEMENT, YOU AGREE TO BE BOUND BY THE ARBITRATION AGREEMENT.  PLEASE READ IT CAREFULLY.

You take full responsibility for your participation on the WKC Services.  As a condition of using certain features on the WKC Services, you may be required to register on the WKC Services and/or select a username and password.  WKC furnishes the WKC Services (as defined below) for your personal enjoyment and entertainment. By using any WKC Service (whether or not you have an account or subscription) or by clicking a box that states that you accept and agree to this Agreement, you signify your agreement to be bound by this Agreement, including any future modifications, and any Additional Terms and to abide by all applicable laws, rules and regulations (“Applicable Law”). Please read through this Agreement carefully. If you do not agree to be bound by this Agreement and to abide by all Applicable Law, you may not use the WKC Services and must discontinue use of the WKC Services immediately. WKC may modify this Agreement at any time, and each such modification will be effective upon posting on or to the WKC Service. All material modifications will apply prospectively only. Your continued use of the WKC Services following any modification constitutes your acceptance of and agreement to be bound by this Agreement as so modified. It is therefore important that you review this Agreement regularly. WKC may also use third-party service providers, such as vendors, contractors, agents or sponsors, to operate, develop or help WKC manage and provide the WKC Services.

Access

The WKC Site is intended solely for your personal and non-commercial use.  WKC may change, suspend or discontinue the WKC Site (or any feature thereof) at any time.  WKC may also impose limits on certain features and services offered on the WKC Site or restrict your access to parts or all of the WKC Site without notice or liability.  You acknowledge that from time to time the WKC Site may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which WKC may undertake from time to time; or (iii) causes beyond the control of WKC or which are not reasonably foreseeable by WKC.

 

Termination

Unless terminated by WKC in its sole discretion, this Agreement remains in full force and effect while you use the WKC Services.  You agree that WKC may at its sole discretion, suspend or terminate access to all or part of our website with or without notice and for any reason.  WKC may terminate access to all (or any portion of) the WKC Services at any time, for any or no reason, with or without prior notice or any explanation, and shall have no liability to you for such termination.

Fees

You acknowledge that WKC reserves the right to charge a fee for any portion of the WKC Services.  WKC will provide you with advance notice of any such fees, including any change in the amount of such fees, and a way to cancel your account and/or subscription in the event you do not wish to pay the modified fee.  If you continue to use the WKC Services after the applicable fee has been imposed or increased, you are expressly agreeing to the subscription fee or increase thereto and you will be responsible for paying such fee for the balance of your subscription service. You will not be entitled to a refund of any unused portion of such fees or other payments if WKC suspends or terminates your account, and/or access to the WKC Sites (or any portion of the WKC Site), due to your breach of this Agreement or violation of Applicable Law, as determined by WKC, in its sole discretion.

Purchasing WKC Site Products

In connection with a purchase of any WKC Services feature, subscription (including any premium subscription) or product, through any WKC Service (“WKC Site Product”) you may be required to provide personal information, including credit card and billing information (“Personal Financial Information”), to an independent third-party selected by, but not affiliated with, WKC (the “Processor”).  Where the Processor is responsible for collecting, transmitting and/or processing your Personal Financial Information and, in some instances, for fulfilling your order, the collection, use and transmission of your Personal Financial Information and any payment obligations for WKC Site Products shall be governed by the terms of use/service and privacy policy(ies) of the Processor.  If you make a purchase of a WKC Site Product, you are warranting that you are authorized to make the purchase using the Personal Financial Information that you provide to the Processor. You must be 18 years of age or older to purchase a WKC Site Product.

If you purchase certain subscription based WKC Site Products, your subscription will be automatically renewed and the credit card you provided to the Processor for such WKC Site Product will be charged per the billing cycle of your subscription (e.g., monthly, 3-month, 6-month, annual), unless you cancel the subscription prior to the automatic renewal date of the subscription. The renewal charge for your subscription shall be the same as the original purchase price, unless you are otherwise notified in advance. You acknowledge and agree that the authorization to charge your credit card for the subscription shall automatically transfer to any successors or assigns of WKC or the Processor, for a substantially similar subscription. Some subscription options include a free trial period. You are allowed only one free trial period. Subsequent subscriptions or upgrades do not qualify for additional free trials.

WKC makes no warranty and to the fullest extent provided by law accepts no liability for any loss or damages whatsoever, relating to, or in connection with, your placement of an order for a WKC Site Product with the Processor. WKC provides no refunds for, makes no warranty for and accepts no liability, regarding purchases you make on or through any WKC Service. You are solely responsible for any and all transactions utilizing your Personal Financial Information, including, but not limited to, any and all charges. You acknowledge and agree that in the event the Processor experiences a data breach that affects any of your information, WKC will in no way be responsible or liable to you for any such data breach.

If you have any questions regarding your purchases or transactions or believe that there is an error or unauthorized transaction or activity associated with transactions utilizing your information, you must contact the Processor.

Limited Content License

The WKC Services contain information, text, files, images, video, sounds, musical works, works of authorship, materials, applications, software, product names, company names, trade names, logos, designs, and any other materials or content (collectively, “Content”) of WKC and WKC Affiliates and their licensors and assignors (“WKC Content”), as well as materials and Content provided by or other third-parties. WKC Content contained in the WKC Services is protected by copyright, trademark, patent, trade secret and other laws and, as between you and WKC, WKC, its licensors, or its assignors, own and retain all rights in the WKC Content and WKC Services. WKC hereby grants you a limited, revocable, non-sublicensable, nontransferable license, to access and display or perform the WKC Content (excluding any software code) solely for your personal, non-commercial use, in connection with using the WKC Services. Except as provided in this Agreement or as explicitly allowed in the Additional Terms on the applicable WKC Service, you may not copy, download, stream capture, reproduce, duplicate, archive, upload, modify, translate, publish, broadcast, transmit, retransmit, distribute, perform, display, sell, frame or deep-link, make available or otherwise use any Content contained in or through the WKC Services.

Except as explicitly and expressly permitted by WKC or by the limited license set forth above, you are strictly prohibited from creating works or materials (including but not limited to fonts, icons, link buttons, wallpaper, desktop themes, on-line postcards, montages, mash-ups and similar videos, greeting cards and unlicensed merchandise) that derive from or are based on the WKC Content. This prohibition applies regardless of whether such derivative works or materials are sold, bartered or given away. Also, you may not, either directly or through the use of any device, software, internet site, web-based service or other means, remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notice marked on the WKC Content contained in the WKC Services or any digital rights management mechanism, device, or other content protection, copy control, or access control measure associated with the WKC Content, including geo-filtering mechanisms. Except as necessary in order to make reference to WKC or WKC Services in a purely descriptive capacity, you are expressly prohibited from using any WKC Content in any manner.

You may not, without the WKC’s written permission, “mirror” any Contents contained on the WKC Site or any other server.  You may not use the WKC Site for any purpose that is unlawful or prohibited by the Agreement.  You may not use the WKC Site in any manner that could damage, disable, overburden, or impair the WKC Site, or interfere with any other party’s use and enjoyment of the Site.  You may not attempt to gain unauthorized access to the WKC Site through hacking, password mining or any other means.  WKC reserves the right, in its sole discretion, to terminate your access to the WKC Site, or any portion thereof, at any time, for any reason or for no reason at all, without prior notice or any notice.

Restrictions on Use of the WKC Services

You acknowledge, consent and agree that WKC may access, preserve or disclose information you provide to or through the WKC Services or that we have collected about you, including user contact information, when WKC has a good faith belief that such access, preservation or disclosure is necessary in order to: (i) protect, enforce, or defend the legal rights, privacy, safety, or property of WKC, our parents, subsidiaries or affiliates (“WKC Affiliates”), or their employees, agents and contractors (including enforcement of this Agreement or our other agreements); (ii) protect the safety, privacy, and security of users of the WKC Services or members of the public, including in urgent circumstances; (iii) protect against fraud or for risk management purposes; (iv) comply with Applicable Law or legal process; or (v) respond to requests from public and government authorities.  If WKC sells all or part of its business or makes a sale or transfer of its assets or is otherwise involved in a merger or transfer of all or a material part of its business, WKC may transfer your information to the party or parties involved in the transaction as part of that transaction.

Removal of Material that Infringes Copyrights

WKC respects the intellectual property of others and requires that our users do the same.  WKC has a policy that provides for the termination in appropriate circumstances of users and account holders of WKC Services who are repeat infringers.  WKC also reserves the right to remove or disable access to any transmission of Content that infringes the copyright of any person under the laws of the United States upon receipt of a notice that substantially complies with the requirements of 17 U.S.C. § 512(c)(3) as set forth above.

If you believe materials on WKC Services infringes your copyright.

If you believe that any materials residing on or linked to from WKC Services infringes your copyright, you must send a written notification of claimed infringement that contains substantially all of the following information to the appropriate WKC Site Copyright Agent : (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit WKC to locate the material on the WKC Services (such as the URL(s) of the claimed infringing material); (c) information reasonably sufficient to permit WKC to contact you, such as an address, telephone number, and an email address; (d) 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 Applicable Law; (e) a statement by you that the above information in your notification is accurate and a statement by you, made under penalty of perjury, that you are the owner of an exclusive right that is allegedly infringed or are authorized to act on the owner’s behalf; and (f) your physical or electronic signature.  WKC’s Copyright Agent for notification of a claimed infringement can be reached as follows: Copyright Agent, 10201 W. Pico Blvd., Los Angeles, CA 90035; Facsimile: (310) 969-5660; Phone: (310)369-7069. Please be sure to send the notification to the attention of the WKC Site on which your claimed infringement occurred. For example, if your claimed infringement occurred on www.westminsterkennelclub.org, the notification should be sent to the address above, and include, “Attention: www.westminsterkennelclub.org” as the last line of the address. If you wish to notify the applicable Copyright Agent electronically, please here for a list of email addresses of each applicable WKC Site’s Copyright Agent.

If you posted materials to a WKC Service that was removed due to notice by a copyright owner.

If you posted materials to the WKC Services that WKC removed due to a notice of a claimed infringement from a copyright owner, WKC will take reasonable steps promptly to notify you that the material has been removed or disabled.  This notice may be by means of a general notice on WKC Services or by written or electronic communication to such address(es) you have provided to WKC, if any. You may provide counter-notification in response to such notice in a written communication that includes substantially all of the following: (i) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; (ii) a statement by you, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; (iii) your name, address, telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which WKC may be found, and that you will accept service of process from the person who provided notification requesting the removal or disabling of access to the material or such person’s agent; and (iv) your physical or electronic signature.

Please note that, under 17 U.S.C. §512(f), any person who knowingly makes material misrepresentations in a notification of claimed infringement or any counter-notification may be liable for damages.

Third-Party Links and Services

The WKC Services may provide, or third-parties may provide, links to other websites, apps, resources or other services created by third parties (collectively, “Third-Party Services”). When you engage with a Third-Party Service, you are interacting with the third party, not with WKC. If you choose to use a Third-Party Service and share information with it, the Third-Party Services may use and share your information in accordance with the Third-Party Service’s privacy policy and your privacy settings on such Third-Party Service. In addition, the third-party providing the Third-Party Service may use other parties to provide portions of the apps or service to you, such as technology, development or payment services. WKC is not responsible for and makes no warranties, express or implied, as to the Third-Party Services or the providers of such Third-Party Services (including, but not limited to, the accuracy or completeness of the information provided by such Third-Party Service or the privacy practices thereof). Inclusion of any Third-Party Service or a link thereto on the WKC Services does not imply approval or endorsement of the Third-Party Service. WKC is not responsible for the content or practices of any websites other than the WKC Services that link to this Agreement, even if the website links to the WKC Service and even if it is operated by a WKC Affiliate or a company otherwise connected with WKC. By using the WKC Services, you acknowledge and agree that WKC is not responsible or liable to you for any content or other materials hosted and served from any website, mobile site or app other than WKC Services. When you access Third-Party Services, you do so at your own risk. WKC encourages you not to provide any personally identifiable information to or through any Third-Party Service unless you know and are comfortable with the party with whom you are interacting. If you are interested in creating hypertext links to any WKC Site, you must contact and obtain consent from the applicable WKC Site at the address listed here before doing so. In establishing hypertext links, you must not represent in any way, expressly or by implication, that you have received the endorsement, sponsorship or support of WKC, including its respective employees, agents, directors, officers or shareholders.

Privacy

Use of the WKC Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.

Disclaimers

THE WKC SERVICES ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND WKC DOES NOT GUARANTEE OR PROMISE ANY SPECIFIC RESULTS FROM USE OF OR CONTINUOUS AVAILABILITY OF THE WKC SERVICES.  TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WKC EXPRESSLY DISCLAIMS ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND WARRANTIES IMPLIED FOR A COURSE OF PERFORMANCE OR COURSE OF DEALING.  WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WKC MAKES NO WARRANTY THAT YOUR USE OF THE WKC SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS TO THE WKC SERVICES WILL BE CORRECTED, THAT THE WKC SERVICES OR THE SERVERS ON WHICH THEY ARE AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY INFORMATION OBTAINED BY YOU ON, THROUGH OR IN CONNECTION WITH THE WKC SERVICES OR THIRD-PARTY SERVICES (INCLUDING, BUT NOT LIMITED TO, THIRD-PARTY ADVERTISEMENTS) WILL BE ACCURATE, RELIABLE, TIMELY OR COMPLETE.  TO THE FULLEST EXTENT PERMITTED BY LAW UNDER NO CIRCUMSTANCES WILL WKC OR OUR WKC AFFILIATES BE RESPONSIBLE FOR ANY LOSS OR DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF DATA, PROPERTY DAMAGE, PERSONAL INJURY OR DEATH) RESULTING FROM USE OF THE WKC SERVICES, PROBLEMS OR TECHNICAL MALFUNCTION IN CONNECTION WITH USE OF THE WKC SERVICES, ATTENDANCE AT AN WKC EVENT, ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED IN CONNECTION WITH THE WKC SERVICES,  ANY THIRD-PARTY ADVERTISEMENT OR THIRD-PARTY SERVICE TRANSMITTED ON, THROUGH OR IN CONNECTION WITH THE WKC SERVICES, OR THE CONDUCT OF ANY USERS OF THE WKC SERVICES, WHETHER ONLINE OR OFFLINE.  YOUR USE OF THIRD-PARTY ADVERTISEMENTS, THIRD-PARTY SERVICES AND THE GOODS OR SERVICES PROVIDED BY ANY THIRD-PARTIES IS SOLELY YOUR RESPONSIBILITY AND AT YOUR OWN RISK.

YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WKC SERVICES, AND ANY INFORMATION TRANSMITTED OR RECEIVED IN CONNECTION THEREWITH, MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES.  TO THE FULLEST EXTENT PERMITTED BY LAW YOU ASSUME RESPONSIBILITY FOR THE ENTIRE COST OF ANY MAINTENANCE, REPAIR OR CORRECTION TO YOUR COMPUTER SYSTEM OR OTHER PROPERTY OR RECOVERY OR RECONSTRUCTION OF LOST DATA NECESSITATED BY YOUR USE OF THE WKC SERVICES. Third-party advertisements and Third-Party Services do not necessarily reflect the opinions or policies of WKC or our WKC Affiliates.

Limitation on Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW WKC OR OUR WKC AFFILIATES WILL NOT BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFIT DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE WKC SERVICES, EVEN IF WKC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW WKC AND OUR WKC AFFILIATES’ LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO WKC, FOR THE WKC SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO THE CLAIM.

YOU ACKNOWLEDGE AND AGREE THAT ANY DAMAGES YOU INCUR ARISING OUT OF WKC’S ACTS OR OMISSIONS OR YOUR USE OF WKC SERVICES ARE NOT IRREPARABLE AND ARE INSUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING THE AVAILABILITY OF OR ANY PERSON’S ABILITY TO ACCESS ANY PORTION OF THE WKC SERVICES.

THE LIMITATIONS IN THIS SECTION APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WKC HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.

United States Jurisdiction

WKC provides the WKC Services in the United States of America.  WKC does not represent that the WKC Content, WKC Services are appropriate (or, in some cases, available) for use in other locations.   If you use the WKC Services from a jurisdiction other than the United States, you agree that you do so of your own initiative, and you are responsible for complying with local laws as applicable to your use of the WKC Services.

Not all of the WKC Services are available worldwide or nationwide, and WKC makes no representation that you will be able to obtain any WKC Services in any particular jurisdiction, either within or outside of the United States.

U.S. Export Controls

Software available in connection with the WKC Services (the “Software”) is further subject to United States export controls. No Software may be downloaded from the WKC Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.

Arbitration Agreement

(1) WKC, including its WKC Affiliates, agents, employees, predecessors in interest, successors, and assigns, and you agree that any Disputes (as defined herein) between you and WKC, regarding any aspect of your relationship with WKC will be resolved in a binding, confidential, individual and fair arbitration process, and not in court.  Each of you and WKC agrees to give up the right to sue in court.  The term “Dispute” is to be given the broadest possible meaning that will be enforced, and shall include any dispute, claim, demand, count, cause of action, or controversy between you and WKC, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, or any other intentional tort), or any other legal or equitable theory.  The term “Dispute” specifically includes, but is not limited to, any and all claims between you and WKC in any way related to or concerning this Arbitration Agreement, any other aspect of these Terms of Use (including their applicability and their conformance to applicable law), any products or services provided by WKC, any billing disputes, and any disputes relating to telephonic, text message, or any other communications either of us received from the other.  The only exceptions to this Arbitration Agreement are that (i) each of you and WKC retains the right to sue in small claims court and (ii) each of you and WKC may bring suit in court against the other to enjoin infringement or other misuse of intellectual property rights.  Disputes over whether these exceptions apply shall be resolved by the court in which such action has been brought; all other disputes over arbitrability shall be resolved by the arbitrator.  Each of you and WKC also agrees to give up the ability to seek to represent, in a class action or otherwise, anyone but each of you and WKC (see paragraph 9 of this Arbitration Agreement below).   There is no judge or jury in arbitration, and court review of an arbitration award is limited.  An arbitrator must follow this Agreement.  The arbitrator, however, can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief, or statutory damages).

(2) This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act, 9 U.S.C. §§ 1-16, governs the interpretation and enforcement of this Arbitration Agreement.  This Arbitration Agreement shall survive termination of this Agreement.

(3) Any arbitration between you and WKC will be conducted by Judicial Arbitration and Mediation Services, Inc. (“JAMS”), pursuant to the JAMS Streamlined Arbitration Rules & Procedures effective July 1, 2014 (the “JAMS Rules”), as modified by this Agreement to arbitrate.  The arbitration shall be conducted by a single, neutral arbitrator, and if you and WKC cannot agree on who that single arbitrator will be, the arbitrator will be appointed pursuant to the JAMS Rules, with the participation and involvement of WKC and you pursuant to JAMS Rule 12.  The JAMS Rules are available on its website at http://www.jamsadr.com/rules-streamlined-arbitration/.  The Consumer Arbitration Minimum Standards are available at http://www.jamsadr.com/consumer-arbitration/. The arbitrator is bound by the terms of this Agreement.

(4) If either you or WKC wants to arbitrate a Dispute, you or WKC must first send by mail to the other a written Notice of Dispute (“Notice”) that sets forth the name, address, and contact information of the party giving notice, the specific facts giving rise to the Dispute, the WKC Service to which the Notice relates, and the relief requested.  Your Notice to the WKC must be sent by mail to Arbitration Notice of Dispute, 2121 Avenue of the Stars, 7th Floor, Los Angeles, California, 90067.  The WKC will send any Notice to you at the contact information we have for you or that you provide.  It is the sender’s responsibility to ensure that the recipient receives the Notice.  During the first 45 days after you or we send a Notice to the other, you and we may try to reach a settlement of the Dispute.  If you and we do not resolve the Dispute within those first 45 days, either you or we may initiate arbitration in accordance with the JAMS Rules.  Further instructions on submitting a Demand for Arbitration may be found at http://www.jamsadr.com/files/Uploads/Documents/JAMS_Arbitration_Demand.pdf.   In addition to filing this Demand for Arbitration with JAMS in accordance with its rules and procedures, you must send a copy of this completed Demand for Arbitration to the WKC at the address listed above to which you sent your Notice of Dispute.

(5) You and WKC acknowledge and agree to abide by the following rules for arbitration: (a) YOU AND WKC MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE OR MULTI-CLAIMANT PROCEEDING, AND THE ARBITRATOR SHALL HAVE NO POWER TO AWARD CLASS-WIDE RELIEF; (b) WKC will pay arbitration costs as required by the JAMS Consumer Arbitration Minimum Standards and consistent with paragraph 6 below; (c) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (d) each side pays his, her or its own attorneys’ fees, except as otherwise provided in paragraph 8 below.

(6) JAMS charges filing and other fees to conduct arbitrations.  Ordinarily, the claimant has to pay the filing fee to initiate arbitration, but if you wish to commence an arbitration against WKC, you and WKC acknowledge and agree to abide by the following:

  • If you are seeking to recover less than $10,000 (inclusive of attorneys’ fees), WKC will pay the filing fee on your behalf or reimburse your payment of it.
  • If you are seeking to recover $10,000 or more, you will have to pay the filing fee charged by JAMS, but WKC will reimburse the filing fee if you prevail on all claims decided upon by the arbitrator.
  • WKC and you agree that, if the claims to be arbitrated total less than $10,000 (inclusive of attorneys’ fees), the claim ordinarily should be decided on written submissions only, without a telephonic or in-person hearing. WKC will not request a hearing for any claims totaling less than $10,000.  This provision shall not be construed by the arbitrator to deprive you of any rights you may have to a telephonic or in-person hearing in your hometown area pursuant to the JAMS Rules.
  • WKC and you agree that, if the claims to be arbitrated total $10,000 or more, the arbitration will occur in a manner and place consistent with the JAMS Rules.

(7) Regardless of how the arbitration proceeds, each of you and WKC shall cooperate in good faith in the exchange of non-privileged documents and information as necessary in accordance with the JAMS Rules, and the arbitrator shall issue a reasoned written decision sufficient to explain his or her findings and conclusions.

(8) Each of you and WKC may incur attorneys’ fees during the arbitration.  Each side agrees to pay his, her or its own attorneys’ fees unless the claim(s) at issue permit the prevailing party to be paid its attorneys’ fees, and in such instance, the fees awarded shall be determined by the applicable law(s). In addition to whatever rights you may have to recover your attorneys’ fees under Applicable Law, if you prevail in the arbitration, and if WKC failed to make a settlement offer to you before the arbitration or the amount you win is at least 25% greater than WKC’s highest settlement offer to resolve the Dispute, then WKC will pay your reasonable attorneys’ fees in addition to the amount the arbitrator awarded.  If WKC wins the arbitration, you will be responsible for your own attorneys’ fees.  In addition, if the arbitrator, at the request of the winning party, finds that the losing party brought a Dispute or asserted a defense frivolously or for an improper purpose, then regardless of the amount in dispute, the arbitrator must order the losing party to pay both sides’ arbitration fees and may order the losing party to pay the winning party’s reasonable attorneys’ fees, unless such an award of fees is prohibited by Applicable Law.

(9) The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.  The arbitrator may not order WKC to pay any monies to or take any actions with respect to persons other than you, unless WKC explicitly consents in advance, after an arbitrator is selected, to permit the arbitrator to enter such an order.  Further, unless WKC expressly agrees, the arbitrator may not consolidate other persons’ claims with yours, and may not otherwise preside over any form of a representative, multi-claimant or class proceeding.

(10) You and WKC agree to maintain the confidential nature of the arbitration proceeding and shall not disclose the fact of the arbitration, any documents exchanged as part of any mediation,  proceedings of the arbitration, the arbitrator’s decision and the existence or amount of any award, except as may be necessary to prepare for or conduct the arbitration (in which case anyone becoming privy to confidential information must undertake to preserve its confidentiality), or except as may be necessary in connection with a court application for a provisional remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or court order.

(11) With the exception of subpart (a) in paragraph (5) (i.e., the waiver of the ability to proceed on behalf of multiple claimants or a purported class), if any part of this Arbitration Agreement is deemed invalid, unenforceable, or illegal, then the balance of this Arbitration Agreement shall remain in effect and be construed in accordance with its terms as if the invalid, unenforceable, or illegal provision were not contained. If, however, subpart (a) in paragraph (5) is found invalid, unenforceable or illegal, then the entirety of this Arbitration Agreement shall be null and void, but the rest of this Agreement, including the provisions governing where actions against WKC must be pursued, the choice of governing law, and our mutual waiver of the right to a trial by jury, will remain in effect and apply to any claim that, for this or any other reason, proceeds in court rather than in arbitration.

Governing Law

This Agreement will be governed by, and construed in accordance with, the laws of the State of New York, without regard to its conflict of law provisions. Except with respect to Disputes to be resolved through an arbitration process in accordance with the Arbitration Agreement contained above, you and WKC agree to submit to the exclusive jurisdiction of the courts located in New York, New York to resolve any Dispute arising out of this Agreement, the WKC Services. YOU HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD-PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT.

YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE WKC SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER SUCH CAUSE OF ACTION ACCRUES.  AFTER SUCH PERIOD, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

Indemnity

You agree to indemnify and hold WKC, its WKC Affiliates, subcontractors and other partners, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including, but not limited to, reasonable attorneys’ fees, made by any third-party due to or arising out of or in connection with your misuse of the WKC Services, or your breach of this Agreement.,

Unsolicited Submissions

WKC does not knowingly accept, via the WKC Services or otherwise, unsolicited submissions including, without limitation, submissions by you of blog ideas, articles, scripts, story lines, fan fiction, characters, drawings, information, suggestions, proposals, ideas or concepts. WKC requests that you do not make any unsolicited submissions.  Any similarity between an unsolicited submission and any elements in any WKC or WKC Affiliate creative work, including without limitation, a film, series, story, title or concept would be purely coincidental. If you do send any submissions to WKC via the WKC Services that are unsolicited (including but not limited to any Forum), however, you agree that (i) your unsolicited submissions are not being made in confidence or trust and that by making such submissions, no contractual or fiduciary relationship is created between you and WKC; (ii) any such unsolicited submissions and copyright becomes the property of and will be owned by WKC  and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as WKC sees fit; (iii) you are not entitled to any compensation, credit or notice whatsoever in connection with such unsolicited submissions; and (iv) by sending an unsolicited submission, you waive the right to make any claim against WKC or WKC Affiliates relating to any unsolicited submissions by you, including, without limitation, unfair competition, breach of implied contract or breach of confidentiality.

Employment Opportunities

WKC may, from time to time, post WKC employment opportunities on the WKC Services and/or invite users to submit resumes to it.  If you choose to submit your name, contact information, resume and/or other personal information to WKC in response to employment listings, you are authorizing WKC to utilize this information for all lawful and legitimate hiring and employment purposes.  WKC also reserves the right, at its sole discretion, to forward the information you submit, to its WKC Affiliates for legitimate business purposes. Nothing in this Agreement or contained in the WKC Services will constitute a promise by WKC to contact, interview, hire or employ any individual who submits information to it, nor will anything in this Agreement or contained in the WKC Services constitute a promise that WKC will review any or all of the information submitted to it by users of the WKC Services.

Other

The failure of WKC to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right or provision.  The Section titles in this Agreement are for convenience only and have no legal or contractual effect.  This Agreement operates to the fullest extent permissible by law.  Except as otherwise expressly provided herein, if any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

You agree that any notices the WKC may be required by Applicable Law to send to you will be effective upon WKC’s sending an e-mail message to the e-mail address you have on file with WKC or publishing such notices on the informational page(s) of WKC Services.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and WKC as a result of this Agreement or your use of the WKC Services.  A printed version of this Agreement and of any notice related to it shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent as other business documents and records originally generated and maintained in printed form.

Nothing contained in this Agreement limits WKC’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the WKC Services or information provided to or gathered by us in connection with such use.

If you would like to contact any WKC Site with any questions regarding this Agreement, please click here for a list of contact information.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.