Last Updated: May 23, 2023
RU1 is an innovative technology and video gaming company that enables fun, engaging social events in virtual worlds.
RU1 (“RU1”) offers entry to a private gaming experience and various other features and services, like websites, applications and forums, in order to allow users to play, and connect (the “Experience” and all of these various other features and services will collectively be referred to as the “Services”).
In order to maximize the experience of all users , RU1 has established thsse Terms of Service (collectively, the “TOS”) that apply to use of the Services by users.
We value positive gameplay experiences and try to ensure our experiences are created for that purpose. Please read the below terms and conditions that apply to our products and services.
These Terms and Conditions apply to the Services owned or operated by Everyrealm Meta4 JV, Inc. (d/b/a RU1) (hereafter the “Company” or “RU1”) and its subsidiaries and affiliates including but not limited to Everyrealm Inc. and Meta4 Interactive, Inc.
By registering for an account and/or becoming a user to participate in any experience offered through RU1.com and/or any of its subdomains or applications (hereafter the “Site”) or participating in the Services at the invitation of others or on your own accord you confirm your knowledge of and agreement to be bound by the then most current version of these TOS which can be accessed from the Site. RU1 may modify these TOS at any time, without advance notice. You are responsible for reviewing these TOS periodically for any modifications. Your continued use of the Site or Services following such modifications signifies your acceptance of those modifications. Additional terms may apply to your use of any Services, including those terms which are applicable to the platform through which you are accessing the Services such as Epic Games and Roblox. You agree that by accessing the Site or using the Services, you have read, understood, and agreed to be bound by all of these Terms of Service as well as the terms applicable to the platform through which you are accessing the Services. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF SERVICE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
As set out in more detail below, RU1 RESERVES THE RIGHT TO IMMEDIATELY SUSPEND AND/OR CLOSE THE ACCOUNT OF ANY USER WHO VIOLATES, OR WHOM RU1 REASONABLY BELIEVES MAY BE OR WILL BE VIOLATING, THESE TOS, AT ANY TIME WITHOUT NOTICE. Please note that if a user’s account is closed, any fees paid to RU1 will not be refunded.
Any user who displays behavior which RU1 interprets, in its sole discretion, to in violation of the these TOS, including but not limited to, offensive conduct of any type, violating the terms applicable to the platform throughwhich you access the Services, accessing the Services without parental permission if a minor in the jurisdiction in which you access the Services or the Site, harassment of other participants, posting of objectionablematerial, any breach of these TOS, or any breach or attempted breach of the security of your account or the Site (collectively, “Abuse”), shall be subject to immediate sanction (as determined by RU1 in its sole discretion), up to and including account termination and blocking of Site and Services access and, in the case of any other illegal activity, disclosure to the appropriate police authorities, and legal action at the sole discretion of RU1.
We reserve the right, but not the obligation, to: (1) monitor the Site and Services for violations of these Terms of Service; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Service , including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (tothe extent technologically feasible) a users access to the Site and the Services; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content thatare excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specificallyendorsed or approved by us.
As a user of the Site, you agree not to:
IF YOU ARE FOUND TO BE IN VIOLATION WITH ANY OF THESE POLICIES OR ANY PORTION OF THIS TOS, WE MAY SUSPEND OR REVOKE YOUR ACCOUNT AND/OR COMMENCE LEGAL PROCEEDINGS AGAINST YOU. RU1 MAY COOPERATE WITH LEGAL AUTHORITIES AND THIRD PARTIES IN THE INVESTIGATION OF ANY SUSPECTED OR ALLEGED CRIME OR CIVIL WRONG. IF YOU ARE SUSPECTED OF HAVING VIOLATED THE RULES OF CONDUCT, RU1 RESERVES THE RIGHT TO SUSPEND YOUR ACCOUNT.
The Site and Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to RU1 including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Site and through third-party websites such as the platform through which you accessed the Services.
As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
Any use of the Site in violation of the foregoing violates these TOS and may result in, among other things, termination or suspension of your rights to use the Site and trigger your Indemnification obligations set forthbelow.
By posting your Contributions to any part of the Site or Services and making Contributions accessible to the Site or Services you automatically grant, and you represent and warrant that (1) if you are a minor in the jurisdiction in which you are access the Site or the Services (under 13 years of age in the United States) you have properly had your guardian provide permission for you to post Contributions, and (2) you have the right to grant to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for anypurpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site or Services and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions. Your indemnification obligations may be triggered by your Contributions.We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; and (2) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
Registration of an account is void where prohibited. This Site is intended solely for users who are 13 years of age or older in the United States, or not a minor in the jurisdiction in which you are accessing the Site or Services, without the permission of a parent or guardian, or is under 13 years of age in the United States, or not a minor in the jurisdiction in which you accessing the Site or Services, with the permission of a parent or guardian. Anyregistration by, use of or access to the Site by anyone under 13 without a parent or guardian’s permission is unauthorized, unlicensed and in violation of these TOS. By using any of the Services or the Site, you represent and warrant that you are 13 or older in the United States, or not a minor in the jurisdiction in which you accessing the Site or Services, or that you are doing so with the express permission of a parent or guardian, and that you agree to and to abide by all the terms and conditions of these Terms of Service.
RU1 may at any time require any user to provide proof of eligibility to participate in order to continue to allow such user access to the Site or Services, and each user hereby acknowledges and accepts this condition of their participation as a reasonable measure to ensure the security of the Site. FAILURE TO PROVIDE EVIDENCE OF IDENTIFICATION AND/OR ELIGIBILITY SATISFACTORY TO RU1, IN ITS SOLE AND ABSOLUTE DISCRETION, SHALL RESULT IN THE SUSPENSION AND/OR TERMINATION OF THE USER’S ACCOUNT AND THE EXPUNGEMENT OF ALL DATA ASSOCIATED WITH THE ACCOUNT AND NO FUNDS WILL BE RETURNED.7. USER REPRESENTATIONS
By using the Site, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Service ; (4) you are not a minor in the jurisdiction in which you accessed the Site or the Services,or if a minor, you have received parental permission to use the Site; (6) you will not access the Site or Services through automated or non-human means, whether through a bot, script, or otherwise; (7) you will not use the Site or Services for any illegal or unauthorized purpose; and (8) your use of the Site or Services will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, RU1 has the right to suspend or terminate your account and refuse any and all current or future use of the Site or Services (or any portion thereof). The information you provide must be accurate, true, and correct. It is a violation of these TOS to provide false or inaccurate information. If RU1 determines you are registering with false or incorrectinformation, RU1 reserves the right to close your account. RU1 also reserves the right, in its sole discretion, to change and/or suspend/terminate offensive usernames
You, as the holder of your account, are solely responsible for all obligations and, assuming compliance with these TOS, are entitled to all benefits accruing thereto. You may not allow any other person to access your account, access the Site and your account is not transferable to any other person. All activities undertaken under a user’s account will be deemed to have been done by that user.
You may establish only one account to participate in the activities offered on the Site. In the event the Site discovers that you have opened more than one account, all additional accounts will be closed without noticeand continued violation will result in the termination of any and all of your accounts. The Site also reserves the right to deny access to anyone, including, but not limited to, those players who use proxy servers and/orIP addresses residing in certain geographical areas. The Site also reserves the right to terminate and close, without notice, any account that has been used on a computer which has been previously used to violate these TOS.
Due to the fact that the Site and Services are provided via sites and are accessed through equipment not controlled or operated by the Company, the Company is not responsible for technical, hardware or software malfunctions, lost or unavailable network connections, and disconnects from your game play.
All refunds of fees for the Services, including but not limited to fees paid to establish the Services in preparation for an event, are refundable at RU1’s sole discretion unless required by local law of the user’s homejurisdiction. RU1 may change the price for the Services from time to time, and will communicate any price changes to you. By continuing to use the Site or Service after the price change takes effect, you accept the new price. All fees paid for the Services will be refunded if such request is made not less than 5 days prior to the time with which you intended to access the Service on the platform hosting the Service. To request a refund please contact the customer service team. Refund requests made less than five days prior to the time in which you intended to start the Service on the platform hosting the Service will be denied. Service timescannot be modified without RU1’s express written consent.
Content shall not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company’s prior written permission. RU1 neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties. RU1 assumes no liability or responsibility for any errors or omissions in Content. Provided that you are eligible for use of the Site or Services, you are granted a limited license to access and use the Site, Services, and Content and to download or print a copy of any portion of the Contentto which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. Any use of the Site or Content other than as specificallyauthorized herein, without the prior written permission of RU1, is strictly prohibited and will terminate the license granted herein. Unless explicitly stated herein, nothing in these Terms of Service shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause. Any communication or material you transmit to the Site or Services or the Company by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like, are and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by the Site, Services or RU1 or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, promotion, marketingand posting. Furthermore, the RU1 is free to use any ideas, concepts, know-how or techniques contained in any communication you send to RU1 for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information, without any additional compensation or other liability or obligation whatsoever to you. The trademarks, logos, and service marks (collectively the “Trademarks”) displayed on the Site and the Services, including the names of all games, are registered and unregistered Trademarks of the RU1 and/or others. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Site or Services without the written permission of RU1 or such third party that owns the Trademark displayed on the Site or Services. Your misuse of any Trademark displayed on the Site or the Services, or any other content on the Site, except as provided in the TOS, is a violation of this TOS and may subject you to penalties at law.
These Terms of Service shall remain in full force and effect while you use the Site or the Services and while the Site and Services are available. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF SERVICE, THE COMPANY RESERVES THE RIGHT TO, IN ITS SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF SERVICE OR OF ANY APPLICABLE LAW OR REGULATION. RU1 MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. Wealso reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Siteor the Services.
We cannot guarantee the Site or the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site or Services, resulting ininterruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liabilitywhatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site or Services during any downtime or discontinuance of the Site or Services. Nothing in these Terms of Service willbe construed to obligate us to maintain and support the Site or Services or to supply any corrections, updates, or releases in connection therewith.
THE SITE AND SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, RU1 DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND REGULATORY COMPLIANCE. RU1 MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE OR SERVICES; (7) DATA BREACH OR DATA LOSS. RU1 DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND RU1 WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
IN NO EVENT WILL COMPANY OR ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR $10,000.00 USD. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
You agree to defend, indemnify, and hold us harmless Company, Everyrealm Inc., Meta4 Interactive, Inc. and any subsidiaries, affiliates, and all of their respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) Contributions; (2) use of the Site and Services; (3) breach of these Terms of Service; (4) any breach of your representations and warranties set forth in these Terms of Service; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Site or Services with whom you connected via the Site or Services. Notwithstanding the foregoing, RU1, Everyrealm Inc., Meta4 Interactive, Inc. and any subsidiaries, affiliates, and all of their respective officers, agents, partners, and employees, reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify, and you agree to cooperate, at your expense, with our defense of such claims. Everyrealm Inc., Meta4 Interactive, Inc. and any subsidiaries, affiliates, and all of their respective officers, agents, partners, and employees, as the case may be, will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
RU1 will maintain certain data that you transmit to the Site or Services for the purpose of managing the performance of the Site, as well as data relating to your use of the Site and the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site or Services. You agree that we shall have no liability to you for any loss or corruption of any such data, including but not limited to loss or corruption of data caused by a data breach, and you hereby waive any right of action against Everyrealm Inc., Meta4 Interactive, Inc. and any subsidiaries, affiliates, and all of their respective officers, agents, partners, and employees, arising from any such loss or corruption of such data.
Visiting the Site, sending RU1 emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE OR THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
These Terms of Service and your use of the Site are governed by and construed in accordance with the laws of the State of New York applicable to agreements made and to be entirely performed within the State of New York, without regard to its conflict of law principles.
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Service (each "Dispute" and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least one hundred eighty (180) days before initiating arbitration.Such informal negotiations commence upon written notice from one Party to the other Party.
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved through binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of theAmerican Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website: www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conductedin person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must followapplicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in New York, New York. Exceptas otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in New York, New York, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) is excluded from these Terms of Service. IN ANY CASE AGAINST US, YOU GIVE UP YOUR RIGHT TO TRIAL BY JURY OF ANY CLAIM YOU MAY HAVE. A JURY WILL NOT BE THE FACT FINDER IN ANY DISPUTE.
In no event shall any Dispute brought by either Party related in any way to the Site be commenced more than one (1) years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable, and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court, AND IN ANY CASE AGAINST US IN COURT, YOU GIVE UP YOUR RIGHT TO TRIAL BY JURY OF ANY CLAIM YOU MAY HAVE.
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures and you may not join with any other person to bring a collective or class arbitration or suit of any type; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons and are not permitted to serve in a representative capacity in anysuch suit or arbitration.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; and (b) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within thatportion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to thepersonal jurisdiction of that court.
These Terms of Service and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of such right or provision. These Terms of Service operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Service and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Service or use of the Site. You agree that these Terms of Service will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Service and the lack of signing by the parties hereto to execute these Terms of Service.
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:
853 Broadway, Suite 400
New York, New York 10003