Effective May 18, 2023
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Please read these Terms carefully and check them regularly as they may change from time to time, per Section 3, below.
PLEASE NOTE: Each of the promotional sweepstakes (the “Experiences”) offered on the Website are also governed by additional terms and conditions. Prior to participating in any Experience please carefully read the Experience Rules (located on each Experience webpage on the Website) and the Official Rules.
- YOUR ACCEPTANCE OF THESE TERMS: These Terms constitute a binding contract between you and 4D4M. Your use of the Services in any way signifies that you accept and agree to these Terms, including any modifications that 4D4M makes from time to time. If you do not wish to be bound by these Terms, you may not access or use the Service.
- CHANGES TO THESE TERMS: 4D4M may modify these Terms at any time, in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Services thereafter. Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes. You are responsible for checking these Terms regularly to ensure that you understand the Terms that apply at the time of your access to or use of the Services.
- AGE REQUIREMENT: You must be at least 18 years old, or the age of legal majority in your jurisdiction of residence, to use the Services.
- ACCESS TO THE SERVICES: The Services are offered only for your personal, non-commercial use, and not for the use or benefit of any third-party. We may, in our sole discretion, change, modify and/or refuse to offer some of all the Services to any person and change the eligibility criteria at any time. Any right to access and use the Services is automatically revoked where these Terms, or use of the Services, is prohibited or conflicts with any applicable law, rule, or regulation.
(A) LIMITING OR MODIFYING THE SERVICES: We reserve the right to withdraw, limit or otherwise modify the Services, in our sole discretion without notice. We will not be liable if for any reason all or any portion of the Services are unavailable at any time or for any period.
(B) INTERNET ACCESS: You are solely responsible for making all arrangements necessary for you to have access to the Services, including, without limitation, securing internet connections, and for any telecommunication fees.
- ACCOUNT REGISTRATION AND SECURITY: To enjoy full access and use of our Services, you may be asked to provide certain registration details or other information so to create a user account (an “Account”).
(A) ACCOUNT INFORMATION: It is a condition of your use of the Services that all the information you provide is correct, current, and complete. You may not use someone else’s name, or any name, location, other public profile information or image that violates any third-party rights, is against the law, or that is offensive, obscene, or otherwise objectionable. You agree to promptly notify us if any of your information changes or is inaccurate.
(B) ACCOUNT SECURITY: Your account is for your personal use only. You may not allow others to use your Account and may not or transfer your Account to any other person or entity. You must safeguard the confidentiality of your password, and if you are using a device that others have access to, log out of your account after using the Services. You are responsible for all activity that occurs under your account, including any activity by unauthorized users. If you suspect or know of unauthorized access to your account, change your password and immediately notify 4D4M by sending an email to [email protected].
- TERMINATION OF RIGHT TO USE; ACCOUNT DELETION: We have the right to suspend, delete and/or disable any Account (or any part thereof) or block or remove any User Contribution (as defined in Section 11, below) for any lawful reason, including if we determine that you have violated these Terms or that your conduct or User Contribution would tend to damage 4D4M’s reputation or goodwill. If 4D4M deletes your account or terminates your permission to use the Services, you may not re-register for or continue to use the Service under any other email or Account without explicit permission by 4D4M.
- LIMITED PERMISSION TO USE THE SERVICES:
(A) LIMITED LICENSE: Subject to your compliance with these Terms and solely for so long as you are permitted by us to access and use the Services, 4D4M grants to you a revocable, limited, non-exclusive, non-transferable, non-sublicensable, non-assignable license to use the Services for your personal, non-commercial use only. You may not copy, modify, reverse engineer, disassemble, or create derivative works based on the Services, distribute, sell, grant rights in or to the Services, publicly display, republish, download, store, or transmit any of the Services, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and using the Services.
- You may store files that are automatically cached by your web browser for display enhancement purposes.
iii. You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
- If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
- If we provide social media features with certain content, you may take such actions as are enabled by such features.
This license will remain in effect unless and until you violate these Terms, or this license is terminated by you or 4D4M. Any use of the Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws. 4D4M, in its sole discretion, may at any time for any reason suspend or terminate any license hereunder without prior notice.
(B) 4D4M INTELLECTUAL PROPERTY: The interfaces, content, arrangement and layout of the Website including, but not limited to, the 4D4M trademark and logo, designs, text, artwork, graphics, images, buttons, user interfaces, information, and other content, and any compilation of the foregoing (“4D4M Intellectual Property”) are the property of 4D4M, LLC, except where otherwise noted, and are protected from copying, imitation, communication, or simulation under United States and international laws and may not be reproduced, modified, communicated, displayed, distributed, or transmitted without the prior written permission of 4D4M. All modifications and enhancements to the Services remain the sole property of 4D4M. You understand and acknowledge that, by using the Services, you do not acquire or obtain by implication or otherwise, any license or right to use any of the 4D4M Intellectual Property in any manner not expressly permitted under these Terms.
- GENERAL PROHIBITIONS AND 4D4M’S ENFORCEMENT RIGHTS: You may use the Services only for lawful purposes and in accordance with these Terms. Additionally, you agree that you will not do any of the following:
(A) Impersonate or misrepresent your affiliation with any person or entity.
(B) Interfere, or attempt to interfere, with the proper working of the Services.
(C) Use the Services, or any portion thereof, for any commercial purpose or for the benefit of any third-party or in any manner not permitted by these Terms or permitted expressly in writing by 4D4M.
(D) Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services.
(E) Access, tamper with, or use non-public areas of the Services, 4D4M’s computer systems, or the technical delivery systems of 4D4M’s providers.
(F) Attempt to probe, scan or test the vulnerability of any 4D4M system or network or breach any security or authentication measures.
(G) Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by 4D4M or any of 4D4M’s providers or any other third-party (including another user) to protect the Services, systems, or other content.
(H) Bypass any territorial restrictions, including IP address-based restrictions, that may be applied to the Services.
(I) Use the Services in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Website.
(J) Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of any information or materials.
(K) Use any manual process to access, monitor or copy any information or materials, or for any other purpose not expressly authorized in these Terms, without our prior written consent.
(L) Collect or store any personally identifiable information from other users of the Services.
(M) Use any device, software, or routine that interferes with the proper working of the Services.
(N) Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
(O) Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website of Software, the servers on which the Website of Software are stored, or any other server, computer, or database connected to the Services.
(P) Attack the Website, or any other server, computer, or database connected to the Services, via a denial-of-service attack or a distributed denial-of-service attack.
(Q) Use, display, mirror or frame the Services or any individual element within the Services, 4D4M’s name, any 4D4M trademark, logo or other proprietary information, or the layout and design of any page or copy contained on a page, without 4D4M’s express written consent.
(R) Use any meta tags or other hidden text or metadata utilizing a 4D4M trademark, logo URL or product name without 4D4M’s express written consent.
(S) Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or User Contributions to send altered, deceptive, or false source-identifying information.
(T) Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation.
(U) Post, upload, publish, submit, or transmit any User Contribution or engage in any activity that:
- infringes, misappropriates, or violates a third-party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy.
- violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability.
iii. is fraudulent, false, misleading, or deceptive.
- is defamatory, obscene, pornographic, vulgar or offensive.
- promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group.
- is violent or threatening or promotes violence or actions that are threatening to any person, animal, or entity.
vii. publishes the confidential, proprietary or personal information of any other person or entity.
viii. exploits minors.
- promotes illegal or harmful activities or substances.
(V) Encourage or enable any other individual to do any of the foregoing to otherwise violate these Terms.
Although we’re not obligated to monitor access to or use of the Services, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, to comply with applicable law or other legal requirements and to maintain the integrity and reputation of the Services and 4D4M’s systems. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
- USER CONTRIBUTIONS: The Services may include platforms, boards, profiles, forums, chat features and/or other interactive features (collectively, the “Interactive Services”) that allow users to post, submit, publish, display, or transmit to 4D4M, to other users or to other persons generally (hereinafter, “post”) content or materials through or in connection with the use of any of our Services (collectively, “User Contributions”). We do guarantee that other users or third-parties will not use the User Contributions that you post. If you have ideas and/or information that you want to remain confidential and/or do not want us or others to use, do not post them. We shall have no responsibility to evaluate, use or compensate you for any User Contribution. Further, we are under no obligation to oversee, monitor, or moderate any Interactive Service we provide. You may be able to remove your User Contributions by specifically deleting it, but we are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Contributions.
(A) NON-CONFIDENTIAL AND NON-PROPRIETARY: Any User Contribution, whether publicly posted or privately transmitted, will be considered non-confidential and non-proprietary.
(B) LICENSE TO USE USER CONTRIBUTIONS: You explicitly grant 4D4M and its service providers, and each of their and our respective licensees, successors, and assigns a worldwide, perpetual, irrevocable, non-exclusive, sublicensable (through multiple tiers), transferable, royalty-free license and right to use, copy, transmit, distribute, publicly perform and display (through all media now known or later created), edit, modify, and make derivative works from your User Contribution (including, without limitation, translations) for any purpose whatsoever, commercial or otherwise, without any attribution and/or compensation to you. In addition, you waive any so-called “moral rights” or rights of privacy or publicity in your User Contribution(s). You further grant all users of the Services permission to view your User Contribution(s) for their personal, non-commercial purposes. If you make suggestions to 4D4M or through the Services about improving or adding new features or products to the Services or you otherwise provide feedback, product or service reviews or testimonials, you hereby grant to 4D4M a worldwide, perpetual, irrevocable, non-exclusive, sublicensable (through multiple tiers), transferable royalty-free license and right to use, copy, modify, create derivative works based upon and otherwise exploit your suggestions, feedback, reviews and testimonials for any purpose (including for marketing), without any notice, compensation or other obligation to you.
(C) YOUR RESPONSIBILITY FOR YOUR USER CONTRIBUTIONS: Any User Contribution, whether publicly posted or privately transmitted, is the sole responsibility of the person who posed such User Contribution. By posting any User Contribution, you represent and warrant that:
- You are not a minor.
- You represent that you own (or have all rights necessary to grant 4D4M the license above to) all the User Contributions you may post, and that 4D4M will not need to obtain licenses from any third-party or pay royalties to any third-party to use such User Contribution(s).
iii. All of your User Contributions do and will comply with these Terms and any content standard stated herein.
(D) MONITORING AND ENFORCEMENT: We do not undertake to review all User Contributions before they are posted have and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability or responsibility to anyone for any action or inaction regarding transmissions, communications, or content provided by any user or third-party. We have no liability for the performance or nonperformance of the activities described in this section. However, we reserve the right to: (i) remove or refuse to post any User Contribution for any or no reason in our sole discretion, (ii) take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, (iii) Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy, and (iv) take appropriate legal action for any illegal or unauthorized use of the Services.
- THIRD PARTY INTELLECTUAL PROPERTY INFRINGEMENT: 4D4M respects the intellectual property of others, and we ask our users to do the same. Each user is responsible for ensuring that their User Contribution does not infringe any third-party’s right or other intellectual property rights. If you believe that the Services or any User Contribution contains elements that infringe or misappropriate your copyrights or other intellectual property rights (or the intellectual property rights of others), please submit written notice to us at [email protected] in accordance with this section.
(A) COPYRIGHT INFRINGEMENT: If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with a written notice to our copyright agent (contact information below) containing the following information:
- Your name, address, telephone number, and email address.
- A description of the copyrighted work that you claim has been infringed.
iii. A description of where on the 4D4M Services the material that you claim is infringing may be found, sufficient for 4D4M to locate the material (e.g., the URL).
- A statement that you have a good-faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law.
- A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
- Your electronic or physical signature.
You may submit this information, or any counter-notice, via:
Email: [email protected] (with the subject line “Copyright Notices”)
Mail: 4D4M, Inc.
2351 Powell St.
San Francisco, CA 94133
Attn: Copyright Agent
If properly notified that any materials infringe a third-party’s copyright, we will promptly remove such materials from the 4D4M Services in accordance with the U.S. Digital Millennium Copyright Act (“DCMA”), the U.K. Copyright Designs and Patents Act 1988 (“CDPA”), the U.K. Digital Economy Act 2010 (“DEA”), or equivalent laws which are applicable in other jurisdictions. In addition, 4D4M may, when appropriate, terminate the Accounts and license hereunder of repeat copyright infringers.
4D4M may disclose any communications, including your contact information, concerning DMCA, CPDA, DEA or other applicable copyright notices or other intellectual property complaints with third-parties, including to the users who have posted the allegedly infringing material.
- THIRD-PARTY PRODUCTS: Third-party services, content, information, and products may be made available by 4D4M on or through the Website (“Third-Party Products”). Third-Party Products are provided solely for the convenience of our users and 4D4M makes no representations or warranties regarding any Third-Party Products and takes no responsibility and assumes no liability for any Third-Party Products. Third-Party Products are subject to the applicable terms and policies of the third-parties that offer them.
(A) LINKS FROM THE WEBSITE: The Website may contain links to websites operated by other parties. 4D4M provides these links to other websites as a convenience and use of these sites is at your own risk. The linked sites are not under the control of 4D4M, and 4D4M is not responsible for the content available on the other sites. Such links do not imply 4D4M’s endorsement of information or material on any other site and 4D4M disclaims all liability regarding your access to and use of such linked websites.
(B) LINKS TO THE WEBSITE: You may not place a link to the Website on another website without our prior written consent and, without limiting the foregoing, you must adhere to 4D4M’s linking policy as follows: (i) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with 4D4M and/or its licensors’ names and trademarks, (ii) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with 4D4M, (iii) when selected by a user, the link must display the Website on full-screen and not within a frame on the linking site, and (iv) 4D4M reserves the right to revoke its consent to the link at any time and in its sole discretion.
- DISCLAIMER OF WARRANTIES: THE SERVICES ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. 4D4M MAKES NO WARRANTY AS TO THE QUALITY, ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH, OR THE PERFORMANCE OF, THE SERVICES. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE SERVICES IS AT YOUR SOLE RISK. 4D4M DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE SERVICES AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 4D4M PROVIDES NO WARRANTY OR GUARANTY OF ANY KIND THAT THE SERVICES WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS. Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimers may not apply to you.
- INDEMNIFICATION: You agree to defend, indemnify, release, and hold harmless 4D4M and its parents, subsidiaries, and affiliated companies, and all of their respective past and present officers, directors, employees, agents, and representatives (collectively, the “Released Parties”) from and against any and all claims, expenses, and liability, including but not limited to negligence and damages of any kind to persons or property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to (i) your use or misuse of the Website or the Software, (ii) your breach or alleged breach of these Terms, including, but not limited to a breach or alleged breach of any representation or warranty by you in these Terms; (iii) your violation of any law, rule, regulation, or rights of others in connection with your use of the Services, or (iv) infringement, violation, or misappropriation of any copyright, trade secret, or any other intellectual property rights or the violation of any property or privacy right arising from any of the User Submissions that you post on the Website or transmit through the Software.
- LIMITATION OF LIABILITY; SOLE AND EXCLUSIVE REMEDY: TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE RELEASED PARTIES ARE NOT RESPONSIBLE AND WILL HAVE NO OBLIGATION OR LIABILITY RESULTING FROM (I) INCORRECT OR INCOMPLETE INFORMATION, WHETHER CAUSED BY YOU OR OTHERWISE, TECHNICAL ERRORS, OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED BY 4D4M; (II) TECHNICAL FAILURES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO OUTAGES, MALFUNCTIONS, INTERRUPTIONS, OR DISCONNECTIONS IN PHONE LINES OR NETWORK HARDWARE OR SOFTWARE OR SCHEDULED OR UNSCHEDULED MAINTENANCE; (III) THE USE OR THE INABILITY TO USE THE SERVICES; (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (V) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; (VI) ANY OTHER MATTER RELATING TO THE SERVICES; (VI) THE COST OF PROCURING SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY; OR (VII) ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SERVICES, EVEN IF 4D4M AND/OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, 4D4M’S AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100). YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE REMEDY FOR ANY BREACH OF THESE TERMS AND ANY PROBLEMS OR DISSATISFACTION WITH THE WEBSITE OR ANY PORTION OF THE SOFTWARE IS TO TERMINATE YOUR ACCOUNT AND DISCONTINUE USE OF THE WEBSITE AND THE SOFTWARE. Because some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions, the liability of 4D4M and its affiliates hereunder shall be limited to the fullest extent permitted by law.
- BINDING ARBITRATION, NO CLASS ACTION:
Please read this section carefully. you understand and agree that you waive your right to sue or go to court to assert or defend your rights connected with these Terms.
(A) MANDATORY ARBITRATION OF DISPUTES: We each agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof or the use of the Services, including the determination of the scope or applicability of this arbitration provision (each, a “Claim”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and 4D4M agree that the U.S. Federal Arbitration Act (or equivalent laws in the jurisdiction in which the 4D4M entity that you have contracted with is incorporated) governs the interpretation and enforcement of these Terms and that this arbitration provision shall survive termination of these Terms.
(B) CLASS ACTION WAIVER: You and 4D4M each agree that either of us may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Further, if the parties’ dispute is resolved through arbitration, neither JAMS nor the arbitrator may consolidate another person’s claims with your claims or otherwise preside over any form of a representative or class proceeding for any purpose. If this specific provision is found to be unenforceable, then the entirety of this Section 18 shall be null and void.
(C) LIMITED REMEDIES: Additionally, except as may be provided for in Subsection 18(D), below, or prohibited by law, we each agree that, for any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof or the use of the Services, our remedies are limited to a claim for money damages (if any) and we each irrevocably waive any right to seek injunctive or equitable relief.
(D) EXCEPTIONS AND OPT-OUT: Notwithstanding Subsections 18(A) and (B), above, we each retain the right to:
- seek to resolve a Claim in small claims court if it qualifies; and
- seek injunctive or other equitable relief from a court of competent jurisdiction to prevent (or enjoin) the infringement or misappropriation of our respective intellectual property rights.
In addition, you will retain the right to opt out of arbitration entirely and litigate any Claim if you provide us with written notice of your desire to do so by regular mail sent to the attention of 4D4M’s Legal Department at the 4D4M address set out in Section 21(C), below, within 30 days following the date you first agree to these Terms. If 4D4M changes any of the terms of this Section 18 after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice within 30 days of the date such change became effective, as indicated in the “Effective” date above. By rejecting any change, you are agreeing that you will arbitrate any Claim between you and 4D4M in accordance with the terms of this Section 18 as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
(E) DISPUTE RESOLUTION AND NOTIFICATION OF CLAIMS: Prior to bringing a Claim you and 4D4M each agree to notice the other party and attempt, in good faith, to negotiate an informal resolution. To begin this process, before initiating any arbitration proceeding, the party seeking to bring a Claim must send a Notice of Claim (“Notice”) by certified mail to the other party. All Notices to 4D4M must be sent to the 4D4M address set out in Section 21(C), below. The Notice must describe the nature and basis of the Claim and the relief sought. If we are unable to resolve the potential Claim within 45 days after receipt of the Notice, then you or 4D4M may initiate arbitration proceedings as set out below.
(F) ARBITRATION PROCESS AND RULES: Any arbitration will be conducted by JAMS pursuant to its procedural rules for commercial disputes (“JAMS Rules”), using the Optional Expedited Arbitration Procedures when applicable. The JAMS Rules are available at https://www.jamsadr.com. A party who wishes to start arbitration must submit a written Demand for Arbitration to JAMS and give notice to the other party as specified in the JAMS Rules. JAMS provides a form Demand for Arbitration at www.jamsadr.com. JAMS will appoint an arbitrator. When practical, the arbitrator should have prior subject matter knowledge and familiarity with sweepstakes and/or fundraising laws in the jurisdiction in which the 4D4M entity that you have contracted with is incorporated. The arbitration may be conducted via video-conference or in-person in the county (or other municipality) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability, and scope of this arbitration agreement. During the arbitration, both you and 4D4M may take one deposition of the opposing party, limited to 4 hours. If we cannot agree on a time and location for a deposition, the arbitrator will resolve any scheduling disputes. The arbitrator shall provide a decision explaining his or her findings and conclusions, and the ruling may be entered in any court having jurisdiction thereof. The arbitrator’s decision shall be final and binding upon the parties to these Terms.
(G) ARBITRATION COSTS: Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules. If you assert a claim against 4D4M, you will be responsible for paying the consumer filing fee. 4D4M will pay for all other JAMS-included fees (including filing, administration, and arbitrator fees and expenses). Each party shall pay its own attorneys’ fees and any other costs it incurs. If any party prevails on a statutory claim that affords a prevailing party attorneys’ fees and costs, or if there is a written agreement providing for attorneys’ fees and costs, the arbitrator will award such costs and fees per the applicable statute or written agreement. The arbitrator shall resolve any dispute regarding the reasonableness of any fee or cost that may be awarded under this paragraph.
(H) CONFIDENTIALITY: To the extent permitted by law, the existence of the arbitration, the arbitration proceedings, and the outcome of the arbitration will be treated as confidential and will not be disclosed by either party. You and 4D4M agree that an award, and any judgment confirming it, only applies to the arbitration in which it was awarded and cannot be used in any other proceeding except to enforce the award itself and any post-arbitration action seeking to enforce an arbitration award or action seeking equitable or injunctive relief shall be brought exclusively in the courts in Wilmington County, Delaware, or the United States District Court for the District of Delaware (or in the jurisdiction in which the 4D4M entity that you have contracted with is incorporated).
(I) SEVERABILITY: If any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal, or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein.
- CONTRACTING ENTITY, GOVERNING LAW; JURISDICTION: Users of the www.4D4M.com website are contracting with 4D4M, Inc.
If you contracted with 4D4M, Inc., all matters relating to the Services and/or these Terms, and any dispute or Claim arising therefrom or related thereto (in each case, including non-contractual disputes or Claims), shall be governed by and construed in accordance with United States federal law and the law of the State of Delaware, without giving effect to the conflict of laws rules thereof.
Subject to the arbitration provision and class action waiver in Section 18, above, if you contract with 4D4M, Inc., exclusive jurisdiction for all Claims that are not required to be arbitrated will be in the state and federal courts located in Wilmington, Delaware, United States and you consent to the jurisdiction of those courts.
- LIMITATION OF TIME TO FILE CLAIMS: ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION OR CLAIM ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
(A) RELATIONSHIP OF PARTIES: You agree that no joint venture, partnership, employment, or agency relationship exists between you and 4D4M because of these Terms or your use of the Services.
(B) ASSIGNMENT: 4D4M may assign these Terms, in whole or in part, to any person or entity at any time with or without your consent. You may not assign these Terms without 4D4M’s prior written consent, and any unauthorized assignment by you shall be null and void ab initio.
(C) NOTICES: All notices given by you or required under these Terms shall be in writing and addressed to: 4D4M, Inc. 2351 Powell St, San Francisco, CA 94133
(D) EQUITABLE REMEDIES: You hereby agree that 4D4M would be irreparably damaged if the terms of these Terms were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of these Terms, in addition to such other remedies as we may otherwise have available to us under applicable laws.
(E) FORCE MAJEURE: Neither you or 4D4M will be liable for any failure or delay in performance under these for causes beyond the other party’s reasonable control and not caused by that party’s fault, or negligence, including, but not limited to, “acts of God”, acts of government, flood, fire, civil unrest, acts of terror, strikes or other labor problems, computer attacks or malicious acts, such as attacks on or through the internet, any internet service provider, telecommunications or hosting facility, but in each case, only if and to the extent that the non-performing party is without fault in causing such failure or delay, and the failure or delay could not have been prevented by reasonable precautions and measures and cannot reasonably be circumvented by the non-performing party through the use of commercially reasonable, alternate sources.
(F) WAIVER AND SEVERABILITY: Our failure to enforce any provision of these Terms shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each such provision thereafter. The express waiver by us of any provision, condition or requirement of these Terms shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement. If any of the provisions of these Terms is found to be invalid or unenforceable, then that provision will be construed in a manner consistent with applicable laws to reflect, as nearly as possible, the original intentions of the parties, and the remaining provisions shall remain in full force and effect.
(G) ENTIRE AGREEMENT: These Terms, including Official Rules and Experience Rules, as well as any other the documents, rules or policies expressly incorporated by reference, constitutes the entire agreement between you and us with respect to the Services supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.
(H) YOUR COMMENTS AND CONCERNS: The Website is operated by 4D4M, Inc.. All notices of copyright infringement claims should be sent to the copyright agent designated in the Copyright Infringement provision, Section 12(A), in the manner and by the means set out therein. All other feedback, comments, requests for technical support, and other communications relating to the Services should be directed to: [email protected].
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