(A) The content and features on the Platform are intended for users who are at least 18 years old. If you are under the age of 18, you should obtain the permission of a parent or legal guardian. Certain parts of the Platform may be subject to other eligibility requirements.
(D) Changes to Platform. At various times, OOt may choose to make available updates, bug fixes, or other changes or enhancements to the Platform (collectively, “Service Updates”). Service Updates may be: (i) Automatic, such as in connection with general website changes and additional features or updates to data required by the Platform, (ii) at your election, in which instance you will receive information and instructions for how to authorize optional Service Updates; or (iii) mandatory, in which case you will be required to consent to the Service Update or install or upgrade a third-party plug-in if you wish to maintain access to the Platform. Please note that the Platform may be unavailable during a Service Update.
If any change materially limits the availability of the Platform, then in addition to posting the revised document on the Platform, we intend to communicate such a limit directly to you via the email address associated with Your Account (defined below). Therefore, it is important that you keep Your Account contact information up to date. Your continued use of the Platform after the changes come into effect and, in the case of any paid subscription to the OOt services (your “Subscription”), your failure to cancel the same before it renews or within any relevant notice period, will mean you unconditionally accept and agree to be bound to the changes.
If at any time you no longer want to receive non-transactional communications, you may unsubscribe using the link at the bottom of the electronic communication or you may sign into the Platform and update your preferences in the “Settings” tab. Please note that changes made to your settings may not take effect immediately, and there could be a delay before your new settings become effective.
(G) Equipment. You are responsible for obtaining and maintaining all connectivity, computer software, hardware and other equipment needed for access to and use of the Platform and all charges related to the same.
(H) In order to subscribe to OOt, you must reside within THE CITY OF TORONTO, ONTARIO, THE CITY OF AUSTIN, TEXAS and THE CITY OF MIAMI, FLORIDA (collectively, the “Service Area”).
The following terms apply to content submitted by users, and user conduct, on the Platform’s Interactive Areas:
(B) Community Guidelines. By submitting any User Content or participating in an Interactive Area within or in connection with the Platform, you agree to abide by the following rules of conduct:
You agree not to upload, post or otherwise transmit any User Content that:
* violates or infringes in any way upon the rights of others, including any statements which may defame, harass, stalk or threaten others.
* you know to be false, misleading or inaccurate.
* contains blatant expressions of bigotry, racism, racially or ethnically offensive content, hate speech, abusiveness, vulgarity or profanity.
* contains or advocates pornography or sexually explicit content, pedophilia, incest, bestiality, or that is otherwise obscene or lewd.
* violates any law or advocates or provides instruction on dangerous, illegal, or predatory acts, or discusses illegal activities with the intent to commit them.
* advocates violent behavior.
* poses a reasonable threat to personal or public safety.
* contains violent images of killing or physical abuse that appear to have been captured solely, or principally, for exploitive, prurient, or gratuitous purposes.
* is protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express permission of the owner of such copyright, trademark, trade secret, right of publicity or other proprietary right. The burden of determining that any User Content is not protected by copyright, trademark, trade secret, right of publicity or other proprietary right rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, trade secrets, rights of publicity or other proprietary rights or any other harm resulting from such a submission. Any person determined by OOt in its sole discretion, to have violated the intellectual property or other rights of others shall be barred from submitting or posting any further material on the Platform.
* does not generally pertain to the designated topic or theme of any Interactive Area.
* contains any unsolicited or unauthorized advertising or promotional materials with respect to products or services, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
* You agree not to engage in activity that would constitute a criminal offense or give rise to a civil liability.
* You agree that if necessary, you have the consent of each and every natural person identifiable in any submission or upload to the Platform by you, to use such persons name or likeness in the manner used or contemplated by the Platform.
* You agree that any person who appears in your submission who is a current member of the Screen Actors Guild (SAG), the American Federation of Television and Radio Actors (AFTRA) or any other rights society is not entitled to compensation by OOt .
* You agree not to impersonate any person or entity, including, but not limited to, OOt or any OOt employee, or falsely state or otherwise misrepresent your affiliation with any person or entity.
* You agree not to represent or suggest, directly or indirectly, OOt ‘s endorsement of User Content.
* You agree not to interfere with any other user’s right to privacy, including by harvesting or collecting personally-identifiable information about the Platform users or posting private information about a third party.
* You agree not to upload, post or otherwise transmit any User Content, software or other materials which contain a virus or other harmful or disruptive component.
* You agree not to interfere with or disrupt the Platform or the servers or networks connected to the Platform, or disobey any requirements, procedures, policies or regulations of networks connected to the Platform.
* You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of the Platform, use the Platform, or access to the Platform.
* You agree not to use any service, technology or automated system to artificially inflate the page views that your User Content receives. This includes pay-per-click services, web “robots” and any other current or future technologies. You also agree not to direct any third party to use these services, technologies or automated systems on your behalf.
* You agree not to use any technology, service or automated system to post more User Content than an individual could upload in a given period of time. You also agree not to direct any third party to use these services, technologies or automated systems on your behalf.
Any conduct that in OOt ‘s sole discretion restricts or inhibits anyone else from using or enjoying the Platform will not be permitted. OOt reserves the right in its sole discretion to remove or edit User Content by you and to terminate Your Account for any reason.
OOt does not vouch for the accuracy or credibility of any User Content, and does not take any responsibility or assume any liability for any actions you may take as a result of reading User Content posted on the Platform. Through your use of Interactive Areas, you may be exposed to content that you may find offensive, objectionable, harmful, inaccurate or deceptive. There may also be risks of dealing with underage persons, people acting under false pretense, international trade issues and foreign nationals. By using Interactive Areas, you assume all associated risks.
The decision by OOt to monitor and/or modify User Content does not constitute nor shall it be deemed to constitute any responsibility or liability in any manner on the part of OOt in connection with or arising from use by you of Interactive Areas on the Platform.
(E) Moral Rights. If it is determined that you retain moral rights (including rights of attribution or integrity) in the User Content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the User Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the User Content by OOT or its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the User Content; and (d) you forever release OOt, and its licensees, successors and assigns, from any claims that you could otherwise assert against OOT by virtue of any such moral rights. You also permit any other user to access, view, store or reproduce the User Content for that user’s personal use.
The Platform contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Platform (“Content”) are copyrighted as a collective work under Canada and United States copyright laws. OOt owns copyright in the selection, coordination, arrangement, and enhancement of such Content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. You may download copyrighted material for your personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of OOt and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
OOt is a distributor (and not a publisher or creator) of content supplied by third parties and users. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers or users of the Platform, are those of the respective author(s) or distributor(s) and not of OOt . Neither OOt nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. (Refer to Section 6 below for the complete provisions governing limitation of liabilities and disclaimers of warranty.)
In many instances, the content available through the Platform represents the opinions and judgments of the respective user or information provider not under contract with OOt . OOt neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the Platform by any third party. Under no circumstances will OOt be responsible or liable, directly or indirectly, for any loss or damage caused by your use or reliance on information obtained through the Platform. OOt is not responsible for any actions or inaction on your part based on the information that is presented on the Platform. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Platform. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
You may not reverse engineer, copy, decompile, disassemble, derive the source code of, modify, adapt, capture, reproduce, publicly display, publicly perform, transfer, sell, license, create derivative works from or based upon, republish, upload, edit, post, transmit, distribute, exploit, circumvent or otherwise translate (or attempt, or encourage or assist any other person, to do any of the foregoing), in whole or in part, the Platform or any Content. You understand that some of the Content may be protected by security technology. You agree not to circumvent, disable, disassemble, alter, degrade, deactivate, or otherwise tamper with any of the security technology related to, or delivered with, such Content for any reason, or to attempt or assist another person to do so.
These Subscription Terms specifically govern your paid subscription to the OOt Platform and how to manage it. If you do not have a paid subscription to OOt Platform this section may not be applicable to you.
(A) Your OOt Account Information. You can access specific details regarding your paid subscription to the OOt Platform, including information concerning your credit card or other available payment method (“Payment Method”), by visiting http://www.oot.live and login into your account or download the app and log into your account. If you have not created a OOt Account (“Account”) yet, please go to visiting http://www.oot.live and login into your account or download the app to create one.
(B) How Your Subscription Works. When you register for the OOt Subscription, you are participating in a program through which the payment method associated with your Account and designated by you will be charged on a recurring basis at regular intervals selected by you. The amount you will be charged (plus applicable taxes), when those charges will occur, and the duration of your access to the OOT Subscription, are selected by you when you subscribe and are also explained in the confirmation email sent to you upon starting your subscription. Remember that you will be charged the selected amount (the “Subscription Fee”) on a regular basis, at the intervals you select (which will be designated monthly or annually), unless and until you cancel.
By purchasing a subscription, you expressly acknowledge and agree that (1) we (or our third-party payment processor) are authorized to charge you on a recurring basis for your subscription (in addition to any applicable taxes) for as long as your subscription continues, (2) the amount you are charged, the frequency of the charges, and the duration of your access to the subscription areas of OOt Platform may vary depending on the selections you make, and (3) your subscription is continuous until you cancel it. See below for details on canceling your subscription.
(C) No Refunds. All fees are non-refundable. Refunds will not be provided for any subscription. We do not provide credit, refunds, or prorated billing for subscriptions that are cancelled. Even if you cancel your subscription before the end of your active subscription period, as applicable, you will not receive a refund for any portion of the Subscription Fees for the remainder of that subscription period. If you cancel, you will continue to have access to the paid areas of the OOt Platform until the end of the then-current Subscription period.
(D) Price Adjustments. We reserve the right to adjust prices in our sole discretion at any time; provided, however, that we will provide you with at least 30 days’ advance notice of any price changes with respect to the subscription you’ve chosen. Your continuation of your subscription after such notice has been delivered to you will constitute your acceptance of such price changes, unless you cancel your Subscription in accordance with these Subscription Terms.
(E) Cancelling Your Subscription. You may cancel your subscription at any time through your OOt Settings by clicking “manage subscription”. You must cancel at least one day before your subscription renewal date to avoid being charged for the next billing period.
(F) Changing Your Subscription Information.
(1) Changing Your Information. Should you wish to change your name or display name associated with your Subscription, you may do so within your Settings when logged into your Account.
(2) Changing your Subscription Frequency. If you have purchased a Subscription and would like to make change to a different billing frequency, you will need to log into your Account and clicking “Manage” in the “Subscriptions” section of your Settings.
(3) Updating Your Payment Method. You may update your Payment Method you will need to log into your Account and clicking “Manage” in the “Subscriptions” section of your Settings.
(G) Unpaid Amounts. If your Payment Method is declined due to insufficient funds, expired or invalid account details, or otherwise, and we are unable to process your payment for your current subscription period, (1) you will remain responsible for all such amounts, as well as any costs that we incur in collecting any amounts you fail to pay for your subscription to the OOT Platform, including attorney and collection fees;
(2) you authorize OOT to continue charging your Payment Method, as your Payment Method information may be updated as described in the OOT Account Information section; and (3) OOT may suspend or terminate your subscription until such time as your Payment Method has been updated and the subscription fee is duly paid.
(H) Customer Service. For Customer Service inquiries related to the Platform or your Subscription through OOT (including Subscription Fee and Payment Method), please visit [email protected].
We take security very seriously. We have imposed security measures designed to ensure the protection of our subscribers. Please contact [email protected] for details. If you have reason to believe that your OOT Account credentials have been compromised or misappropriated in some way, you are encouraged to contact us immediately at OOT [email protected]
OOt may suspend or terminate your Subscription and access to the Platform and/or your OOt Account immediately for any reason or for no reason whatsoever, including if OOt and/or any Subscription Provider reasonably determines that you are in violation of these Terms or receives information that you do not or no longer meet the Eligibility Criteria. In such event, you must cease all use of the Platform. The suspension or termination of your Subscription is in addition to, and not in lieu of, any rights and remedies available to OOT under these Terms or under applicable laws. Your rights under these Terms will terminate automatically without notice from OOt if you fail to comply with these Terms.
The provisions of Sections 3, 4, 8-18 shall survive termination of your subscription, account, or use of the Platform.
OOt may run advertisements and promotions from third parties on the Platform. Your business dealings or correspondence with, or participation in promotions of, advertisers other than OOt, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. OOt is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Platform.
(A) Portions of the Platform may invite you to provide us with feedback. No material you send to us will be treated as confidential.
(B) Please also be aware that your feedback will not be acknowledged and does not create a confidential, fiduciary or other special relationship between you and OOt
(C). Please act responsibly when using the Platform. You may only use the Platform for lawful purposes and in accordance with law and you are prohibited from storing, distributing or transmitting any unlawful material through the Platform. You recognize that storing, distributing or transmitting unlawful material could expose you to criminal and/or civil liability. You agree that if any third party claims that material you have contributed to the Platform is unlawful, you will bear the burden of establishing that it is lawful
(A) You are not permitted to link to the Platform from any third-party site without the prior written permission of OOT. However, the Platform may link you to other sites on the internet including, without limitation, sites owned or controlled by OOT or by our Subscription Providers. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of OOT, and you acknowledge that (whether or not such sites are affiliated in any way with OOT) OOT is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such sites. The inclusion of such a link does not imply endorsement of any site by OOT or any association with its operators.
(B) OOT cannot ensure that you will be satisfied with any products or services that you purchase from any third-party site that links to or from the Platform. OOT does not endorse any of the merchandise, nor has OOT taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party sites. We have no duty to pre-screen information, products and services of third parties (collectively “Third-Party Content”), but we have the right to refuse to post or to edit submitted Third-Party Content. We reserve the right to remove Third-Party Content for any reason, but we are not responsible for any failure or delay in removing such material. OOT does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you irrevocably waive any claim against us with respect to such sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third parties.
(C) Any area of the Platform that is accessed through any third party proprietary online service is subject to the rules, policies and guidelines of such third party proprietary online service.
(A) You may not reproduce, sell, resell or otherwise exploit any resource, or access to any resource, contained on the Platform.
(B) You are prohibited from using any services or facilities provided in connection with the Platform to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g. password guessing programs, cracking tools or network probing tools) is strictly prohibited.
(C) If OOT believes that you have engaged in any of the activity set forth in this Section or in other fraudulent activity in connection with your use of the Platform, we reserve the right to take any action to remedy such activity, including without limitation, termination of Your Account.
ThePlatform is intended for viewing solely within the Service Area. Use of technology to mask your location or hinder OOT ‘s ability to ascertain your location is prohibited. Please note OOT may use technologies to verify your geographic location. OOT makes no representation that materials or other Content in the Platform is appropriate or available for use outside of the Service Area. By using the Platform and/or submitting personally identifiable information to the Platform, either during the registration process or subsequently, you consent to have your information transferred to and processed and maintained in Canada or the United States, subject to applicable laws.
(A) YOUR USE OF THE PLATFORM IS AT YOUR OWN RISK. THE PLATFORM AND ALL THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES, CONTENT, PARENTAL CONTROLS, FEATURES AND OTHER ELEMENTS OF THE PLATFORM ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, OOT, ITS AFFILIATES, SUBSCRIPTION PROVIDERS, DISTRIBUTORS, SUPPLIERS AND/OR LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. OOT, ITS AFFILIATES, SUBSCRIPTION PROVIDERS, DISTRIBUTORS, SUPPLIERS AND/OR LICENSORS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE PLATFORM WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PLATFORM OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. OOT, ITS AFFILIATES, SUBSCRIPTION PROVIDERS, DISTRIBUTORS, SUPPLIERS AND/OR LICENSORS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, FUNCTIONS OR OTHER CONTENT IN THE PLATFORM, OR ANY SITES LINKED TO THE PLATFORM IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES AND CONDITIONS, AND/OR THE DISCLAIMER OF SOME TYPES OF DAMAGES. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES OR DAMAGES, THE ABOVE EXCLUSIONS WILL APPLY ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
(B) THE PLATFORM MAY OFFER INFORMATION THAT IS DESIGNED FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY. THE INFORMATION CONTAINED ON THE PLATFORM DOES NOT AND IS NOT INTENDED TO CONVEY MEDICAL, FINANCIAL, PSYCHOLOGICAL, OR LEGAL ADVICE AND DOES NOT CONSTITUTE THE PRACTICE OF SUCH PROFESSIONAL DISCIPLINES. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL ADVICE, DIAGNOSIS, OR TREATMENT. OOT IS NOT RESPONSIBLE FOR ANY ACTIONS OR INACTION ON A USER’S PART BASED ON THE INFORMATION THAT IS PRESENTED IN THE PLATFORM.
(C) YOU AGREE THAT OOT AND ITS PARENTS, AFFILIATES, SUBSIDIARIES, SUBSCRIPTION PROVIDERS, DISTRIBUTORS, SUPPLIERS, LICENSORS AND ASSIGNS, AND EACH OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, MEMBERS AND DIRECTORS (COLLECTIVELY, THE “RELEASED PARTIES”) ARE NOT LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING OUT OF OR RESULTING IN ANY WAY FROM OR IN CONNECTION WITH THE PLATFORM, THE CONTENT, OR ANY ERRORS OR OMISSIONS IN THE TECHNICAL OPERATION OF THE PLATFORM, EVEN IF OOT IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE PLATFORM (COLLECTIVELY, THE “RELEASED MATTERS”). NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OOT ‘s AND/OR YOUR SUBSCRIPTION PROVIDER’S 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, SOLELY FOR THE PLATFORM DURING THE TWELVE (12) MONTHS PRIOR TO THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF SOME TYPES OF DAMAGES. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE EXCLUSIONS, THE ABOVE EXCLUSIONS WILL APPLY ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. YOU ACKNOWLEDGE AND AGREE THAT ANY DAMAGES YOU INCUR ARISING OUT OF OOT ‘s ACTS OR OMISSIONS OR YOUR USE OF THE PLATFORM 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 PLATFORM.
THE LIMITATIONS IN THIS SECTION APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF OOT AND/OR YOUR SUBSCRIPTION PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. BY ACCESSING THE PLATFORM, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, WHICH YOU AGREE WOULD BE ULTRA VIRES THESE TERMS IN ANY EVENT, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
In connection with this waiver and release, you acknowledge that you are aware that you may hereafter discover claims presently unknown or unsuspected, or facts in addition to or different from those which you now know or believe to be true. Nevertheless, you intend by these Terms to release fully, finally and forever all Released Matters under these Terms. In furtherance of such intention, the releases set forth in these Terms shall be and shall remain in effect as full and complete releases notwithstanding the discovery or existence of any such additional or different claims or facts relevant thereto.
OOT makes no representation or warranty whatsoever regarding the completeness, accuracy, currency or adequacy of any information, facts, views, opinions, statements or recommendations contained on the Platform and/or in the Content. Reference to any product, process, publication or service of any third party by trade name, domain name, trademark, service mark, logo, manufacturer or otherwise does not constitute or imply its endorsement or recommendation by OOT.
IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. THIS LIMITATION OF LIABILITY PROVISION APPLIES TO NEW JERSEY RESIDENTS.
(D) OOT DISCLAIMS ANY AND ALL LIABILITY OF ANY KIND FOR ANY UNAUTHORIZED ACCESS TO OR USE OF YOUR PERSONALLY IDENTIFIABLE INFORMATION. BY ACCESSING THE PLATFORM, YOU ACKNOWLEDGE AND AGREE TO OOT’S DISCLAIMER OF ANY SUCH LIABILITY. IF YOU DO NOT AGREE, YOU SHOULD NOT ACCESS OR USE THE PLATFORM.
OOt owns all rights to its tradename, logos and trademarks used in connection with the Platform. All other logos and trademarks appearing on the Platform are the property of their respective owners.
The content, data, video, and all other material and features on the Platform are presented for the purpose of providing entertainment, news and/or information and/or promoting community and social connectivity in the Service Area.
Any and all disputes, claims and controversies arising out of or in connection with your access to, and/or use of the Platforms, and/or the provision of content, services, and/or technology on or through the Platforms shall be governed by and construed exclusively in accordance with the laws and decisions of the Province of Ontario, Canada applicable to contracts made, entered into and performed entirely therein, without giving effect to its conflict of laws provisions, except to the extent that law is inconsistent with or preempted by federal law. To the extent that a dispute is not subject to arbitration, that action shall be brought in the appropriate Provincial or federal court located in the City of Toronto, in the Province of Ontario, Canada; and we both irrevocably consent to the exclusive jurisdiction and venue of the provincial or federal courts in Toronto, Canada for the adjudication of all non-arbitral claims.
In the unlikely event that you’re not satisfied with customer service’s solution (or if OOt has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration or small claims court instead of in courts of general jurisdiction. Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted.
(1) Claims Subject to Arbitration: OOT and you agree to arbitrate all disputes and claims between us, except for claims arising from bodily injury or that pertain to enforcing, protecting, or the validity of your or our intellectual property rights (or the intellectual property rights of any of our licensors, affiliates and partners). This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to:
References to “OOT,” “you,” and “us” include our respective subsidiaries, affiliates, agents, employees, licensees, licensors, and providers of content as of the time your or our claim arises; our respective predecessors in interest, successors, and assigns; and all authorized or unauthorized users of the OOT Platform. This arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Agreement, you and we are each waiving the right to a trial by jury or to participate in a class action. This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this Agreement.
(2) Pre-Arbitration Notice of Disputes: A party who intends to seek arbitration must first send to the other a written Notice of Dispute (“Notice”). The Notice to OOt should be sent by email to: Legal [email protected] (“Notice Address”). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”).
If we and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or we may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by us or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or us is entitled.
(3) Arbitration Procedure: The arbitration will be governed by the Consumer Arbitration Rules (“AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this arbitration provision, and will be administered by the AAA. (If the AAA is unavailable, another arbitration provider shall be selected by the parties or by the court.) The AAA Rules are available online at http://www.adr.org, by calling the AAA at 1-800-778-7879, or by requesting them in writing at the Notice Address. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration provision or whether a dispute can or must be brought in arbitration are for the court to decide. The arbitrator may consider but shall not be bound by rulings in other arbitrations involving different customers. Unless we and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address. If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
(4) Arbitration Fees: The payment of all such fees will be governed by the AAA Rules
Neither OOt nor you shall be liable for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, terrorism, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.
For any questions please contact [email protected]