Effective Date: April 1, 2022
FOX furnishes the FOX Site and other FOX Services for your personal use. By visiting the FOX Site (whether or not you are a registered user or member) or using a FOX Service, you accept and agree to be bound by this Agreement and to abide by all applicable laws, rules and regulations (collectively, “Applicable Law”). Please read through this Agreement carefully. FOX may modify this Agreement at any time, and each such modification will be effective upon posting on the FOX Site. All material modifications will apply prospectively only. Your continued use of the FOX Site or any other FOX Services following any modification of this Agreement constitutes your acceptance of and agreement to be bound by the Agreement, as modified. It is therefore important that you review this Agreement regularly. If you do not agree to be bound by this Agreement and to abide by all Applicable Law, you must discontinue use of all FOX Services immediately.
Your access to and use of certain FOX Services may require you to accept additional terms and conditions applicable to such FOX Services, in addition to this Agreement, and may require you to download software or Content (as defined below). In the event of a conflict between any such additional terms and this Agreement, such additional terms will prevail.
PLEASE NOTE THAT THE “ARBITRATION AGREEMENT” SECTION BELOW CONTAINS PROVISIONS THAT REQUIRE (i) WITH LIMITED EXCEPTIONS, ALL DISPUTES ARISING BETWEEN YOU AND COMPANY UNDER THIS AGREEMENT TO BE RESOLVED IN BINDING ARBITRATION, AND NOT IN COURT, AND (ii) YOU AND COMPANY WAIVE THE RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION IN CONNECTION WITH SUCH DISPUTES. PLEASE CLICK HERE TO REVIEW THE ARBITRATION AGREEMENT. BY USING THIS SITE AND ACCEPTING THIS AGREEMENT, YOU AGREE TO BE BOUND BY THE ARBITRATION AGREEMENT. PLEASE READ IT CAREFULLY.
Registration and Security
Use of the FOX Services is limited to users 13 years of age and older. Some FOX Services require you to register and/or create an account (including setting up a username and password) or provide certain personal information such as a phone number and email address to use the FOX Services or purchase Fox Site Products, such as ordering food for delivery or pickup from a FOX restaurant. All registration information you submit directly to us or through a Third-Party Service (defined below) to create an account must be accurate and must be kept updated by you. Your failure to do so will constitute a breach of the Agreement, which may result in immediate termination of your account. You may not (i) select or use as a username a name of another person with the intent to impersonate that person; or (ii) use as a username a name subject to any rights of another person without appropriate authorization. FOX reserves the right to refuse registration of, or cancel, a username, in its sole discretion. It is your responsibility to notify us of any changes in such information, including, but not limited to your contact information.
You are responsible for maintaining the confidentiality of all your passwords and are responsible for all use of your account and participation in any Fox Services. It is therefore critical that you do not share your account information with anyone. You may be held liable for losses incurred by FOX, FOX Affiliates (defined below) or any other FOX user or visitor in the event someone else uses your account as a result of your failure to keep your account information secure and confidential and you agree to indemnify FOX and all FOX Affiliates from any third-party claims arising from such actions. You agree not to use the account, username, email address or password of another member or subscriber at any time and not to allow any other person to use your account. You agree to notify FOX immediately if you suspect any unauthorized use of, or access to, your account or password. FOX shall retain the right to change your username, but no obligation, for any reason, including, without limitation, if the username you have selected violates this Agreement. FOX shall also retain the right, but no obligation, to review any profile pictures provided by you.
The FOX Site is intended solely for your personal and non-commercial use. FOX may change, suspend or discontinue the FOX Site (or any feature thereof) at any time. FOX may also impose limits on certain features and services offered on the FOX Site or restrict your access to parts or all of the FOX Site without notice or liability. You acknowledge that from time to time the FOX Site may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which FOX may undertake from time to time; or (iii) causes beyond the control of FOX or which are not reasonably foreseeable by FOX.
Unless terminated by FOX in its sole discretion, this Agreement remains in full force and effect while you use the FOX Services. You may terminate your account at any time, for any reason, in the following ways: (i) to terminate your account please send an email to the applicable FOX Site’s feedback account listed on the Site, Subject: Terminate FOX Account. Please list the specific FOX Site account you wish to terminate. To terminate a specific FOX Site newsletter subscription please click the unsubscribe link on the bottom of the FOX Site newsletter. FOX may terminate your account, any subscription (both free and paid) and/or access to all (or any portion of) the FOX Services at any time, for any or no reason, with or without prior notice or any explanation, and shall have no liability to you for such termination. Furthermore, even after your account subscription and/or access to the FOX Services is terminated by you or FOX, this Agreement will remain in full force and effect with respect to your past and future use of the FOX Services. If we terminate your user account, subscription and/or access to the FOX Services (or any portion of the FOX Services) you may not create a new account, purchase a new subscription or try to access the FOX Services without FOX’s prior written approval. You agree that your account and/or subscription is non-transferable. Any rights to your account and/or the FOX Services terminate upon your death.
You acknowledge that FOX reserves the right to charge a fee for any portion of the FOX Services. FOX will provide you with advance notice of any such fees, including any change in the amount of such fees, and a way to cancel your account and/or subscription in the event you do not wish to pay the modified fee. If you continue to use the FOX Services after the applicable fee has been imposed or increased, you are expressly agreeing to the subscription fee or increase thereto and you will be responsible for paying such fee for the balance of your subscription service. You will not be entitled to a refund of any unused portion of such fees or other payments if FOX suspends or terminates your account, and/or access to a FOX Site (or any portion of the FOX Site), due to your breach of this Agreement or violation of Applicable Law, as determined by FOX, in its sole discretion.
Purchasing FOX Services or Products
FOX makes no warranty, and to the fullest extent provided by law, accepts no liability for any loss or damages whatsoever, relating to or in connection with your placement of an order for a FOX Site Product with the Processor. FOX provides no refunds for, makes no warranty for, and accepts no liability regarding your purchase of a FOX Site Product. You are solely responsible for any and all transactions utilizing your Personal Financial Information, including, but not limited to, any and all charges. You acknowledge and agree that, to the fullest extent permitted by law, in the event Processor experiences a data breach that affects your information, FOX will in no way be responsible or liable to you for any such breach.
FOX is under no obligation to store any records related to purchases or other transactions you make through the FOX Services. You should therefore maintain records of all your transactions. If you have any questions regarding your transactions or believe that there is an error or unauthorized transaction or activity associated with transactions utilizing your information, you must contact the Processor.
Limited Content License
The Company Services may contain information, text, files, images, videos, sounds, musical works, works of authorship, software, applications, product names, company names, trade names, logos, designs, and any other materials or content (collectively, “Content”) of Company, its licensors, or assignors (“Company Content”), as well as Content provided by users or other third parties. Company Content contained on the Site and/or in the Company Services is protected by copyright, trademark, patent, trade secret and other laws and, as between you and Company, Company, its licensors, or its assignors, own and retain all rights in the Company Content. Company hereby grants you a limited, revocable, non-exclusive, non-sublicensable license to access and display or perform the Company Content (excluding any software code) solely for your personal, non-commercial use in connection with using the Company Services and/or the Site. Except as provided in this Agreement or as explicitly allowed on the Company Services, you may not copy, download, stream, capture, reproduce, duplicate, archive, upload, modify, translate, publish, broadcast, transmit, retransmit, distribute, perform, display, sell, frame or deep-link, make available, or otherwise use any Company Content contained in the Company Services and/or the Site.
Except as explicitly and expressly permitted by the Company or by the limited license set forth above, you are strictly prohibited from creating works or materials (including but not limited to fonts, icons, link buttons, wallpaper, desktop themes, on-line postcards, montages, mash-ups and similar videos, greeting cards and unlicensed merchandise) that derive from or are based on the Company Content, Company Services, and/or the Site. This prohibition applies regardless of whether such derivative works or materials are sold, bartered or given away. Also, you may not either directly or through the use of any device, software, internet site, web-based service or other means, remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notice marked on the Company Content contained in the Company Services or any digital rights management mechanism, device, or other content protection, copy control or access control measure associated with the Company Content contained in the Site and/or Company Services, including geo-filtering mechanisms. Except as necessary in order to make reference to the Company, its products and services in a purely descriptive capacity, you are expressly prohibited from using any Company Content in any manner.
You may not, without the Company’s express prior written permission, “mirror” any Content contained on the Site or any other server. You may not use the Site or Company for any purpose that is unlawful or prohibited by the Agreement. You may not use the Site or Company in any manner that could damage, disable, overburden, or impair the Site or Company Services, or interfere with any other party’s use and enjoyment of the Site or Company Services. You may not attempt to gain unauthorized access to the Site through hacking, password mining or any other means. Company reserves the right, in its sole discretion, to terminate your access to the Site or Content, or any portion thereof, at any time, for any reason or for no reason at all, without prior notice or any notice.
Restrictions on Use of Company Services
FOX reserves the right to remove commercial Content in its sole discretion. You understand that you are responsible for all Content that you post, upload, transmit, email or otherwise make available on, through or in connection with the Fox Site or FOX Services (“User Content”). Additionally, you acknowledge that you have no expectation of privacy in or confidentiality with respect to your User Content. Accordingly, please choose User Content carefully. You understand that FOX does not control the User Content posted by users via the FOX Services and, as such, you understand you may be exposed to offensive, inaccurate or otherwise objectionable User Content. FOX assumes no responsibility or liability for any User Content. If you become aware of any misuse of FOX Services, please report this immediately to FOX. FOX assumes no responsibility for monitoring the FOX Services for inappropriate Content or conduct. If at any time, FOX chooses in its sole discretion to monitor the FOX Services, FOX nonetheless assumes no responsibility for Content other than FOX Content, assumes no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of any user or visitor.
You agree not to use the FOX Services to:
Post, upload or otherwise transmit or link to Content that is: unlawful; threatening; abusive; obscene; vulgar; sexually explicit; pornographic or inclusive of nudity; offensive; excessively violent; invasive of another’s privacy, publicity, contract or other rights; tortious; false or misleading; defamatory; libelous; hateful; or discriminatory;
Post, upload or otherwise transmit or link to content that you do not own or for which you do not hold the rights or have the authorization or permission to disseminate;
Violate the rights of others including patent, trademark, trade secret, copyright, privacy, publicity or other proprietary rights;
Harass or harm another person;
Exploit or endanger a minor;
Impersonate or attempt to impersonate any person or entity;
Introduce or engage in activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of or access to a computer or a computer network;
Attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising the FOX Site or the FOX Services;
Interfere with, damage, disable, disrupt, impair, create an undue burden on, or gain unauthorized access to the FOX Services, including FOX’s servers, networks or accounts;
Cover, remove, disable, block or obscure advertisements or other portions of the FOX Services;
Delete or revise any information provided by or pertaining to any other user of the FOX Services;
Use technology or any automated system such as scripts, spiders, offline readers or bots in order to collect or disseminate usernames, passwords, email addresses or other data from the FOX Services, or to circumvent or modify any security technology or software that is part of the FOX Services;
Send or cause to send (directly or indirectly) unsolicited bulk messages or other unsolicited bulk communications of any kind through the FOX Services. If you do so, you acknowledge you will have caused substantial harm to FOX, but that the amount of harm would be extremely difficult to measure. As a reasonable estimation of such harm, and by way of liquidated damages and not as a penalty, you agree to pay FOX $50 for each actual or intended recipient of such communication;
Solicit, collect or request any personal information for commercial or unlawful purposes;
Post, upload or otherwise transmit an image or video of another person without that person’s consent;
Engage in commercial activity (including but not limited to advertisements or solicitations of business; sales; contests; sweepstakes; creating, recreating, distributing or advertising an index of any significant portion of the FOX Content; or building a business using the FOX Content) without FOX’s prior written consent;
Advertise or promote competing services; or
Attempt, facilitate, induce, aid and abet, or encourage others to do any of the foregoing.
You will not (i) use technology or any other means that is not authorized by the FOX Site to access, index, frame, or link to the FOX Site or FOX Services (including the Content) (including by removing disabling, bypassing, or circumventing any content protection or access control mechanisms intended to prevent the unauthorized download, stream capture, linking, framing, reproduction, access to, or distribution of FOX Content) or (ii) access the FOX Site or FOX Services (including the Content) through any automated means, including "robots," "spiders," or "offline readers" (other than by individually performed searches on publicly accessible search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices – but not caches or archives – of the FOX Site or other FOX Service and excluding those search engines or indices that host, promote, or link primarily to infringing or unauthorized content. In addition, you agree you will not use the FOX Services in any manner inconsistent with any and all Applicable Law.
FOX reserves the right, but disclaims any obligation or responsibility, to remove User Content that violates this Agreement, as determined by FOX, or for any other reason, in FOX’s sole discretion and without notice to you. You acknowledge that FOX reserves the right to investigate and take appropriate legal action against anyone who, in FOX’s sole discretion, violates this Agreement, including but not limited to, terminating their user account and/or subscription and/or reporting such User Content, conduct, or activity to law enforcement authorities.
You acknowledge, consent and agree that FOX may access, preserve or disclose information you provide to the FOX Site or other FOX Services or that we have collected about you, including User Content and your account registration information, including when FOX has a good faith belief that such access, preservation or disclosure is necessary in order to: (i) protect, enforce, or defend the legal rights, privacy, safety, or property of FOX, our parents, subsidiaries or affiliates ("FOX Affiliates"), or their employees, agents and contractors (including enforcement of this Agreement or our other agreements); (ii) protect the safety, privacy, and security of users of the FOX Services or members of the public including in urgent circumstances; (iii) protect against fraud or for risk management purposes; (iv) comply with the law or legal process; or (v) respond to requests from public and government authorities. If FOX sells all or part of its business or makes a sale or transfer of its assets or is otherwise involved in a merger or transfer of all or a material part of its business, FOX may transfer your information to the party or parties involved in the transaction as part of that transaction.
FOX reserves the right to limit the storage capacity of User Content. You assume full responsibility for maintaining backup copies of your User Content, and FOX assumes no responsibility for any loss of your User Content due to its being removed by FOX or for any other reason.
Message Boards and Forums
FOX may offer users the ability to post messages on message boards and forums (collectively, "Forums"), which may be open to the public generally, to all users of the FOX Services, or to a select group of users. You acknowledge that all Content posted on Forums is User Content, and by posting on Forums you agree to comply with the rules and restrictions on User Content set forth above and any other rules specifically applicable to such Forums. FOX reserves the right, but disclaims any obligation or responsibility, to prevent you from posting User Content to any Forum and to restrict or remove your User Content from a Forum or refuse to include your User Content in a Forum for any reason at any time, in FOX’s sole discretion and without notice to you.
You acknowledge that messages posted on such Forums are public, and FOX cannot guarantee the security of any information you disclose through any Forum; you make such disclosures at your own risk. FOX is not responsible for the content or accuracy of any information posted on a Forum and shall not be responsible for any decisions made based on such information. We ask that you do not disclose any personal or sensitive information on or through the FOX Services, including, without limitation, in the Forums.
Your Proprietary Rights in and License to Your User Content
FOX does not claim any ownership rights in the User Content that you post, upload, email, transmit, or otherwise make available (collectively, "Transmit") on, through or in connection with the FOX Services, except with respect to your unsolicited submissions, as described under "Unsolicited Submissions" below; provided, however, that User Content shall not include any FOX Content or content owned or controlled by a FOX Affiliate. By posting or Transmitting any User Content on, through or in connection with the FOX Services, you hereby grant to FOX and FOX Affiliates, licensees, assignees, and authorized users a worldwide, perpetual, irrevocable, non-exclusive, fully-paid and royalty-free, freely sublicensable, transferable (in whole or in part) right (including any moral rights) and license to use, modify, excerpt, adapt, publish, translate, create derivative works and compilations based upon, publicly perform, publicly display, broadcast, reproduce, sublicense, and distribute such User Content, including your name, voice, likeness and other personally identifiable information to the extent that such is contained in User Content, anywhere, in any form and on and through all media formats now known or hereafter devised, for any and all purposes including, but not limited to, promotional, marketing, trade or any non-commercial or commercial purposes. Additionally, FOX is free to use any ideas, concepts, know-how, or techniques contained within such User Content for any purpose including, but not limited to, developing, manufacturing, marketing and providing commercial products and services, including FOX Services. FOX’s use of such User Content shall not require any further notice or attribution to you and such use shall be without the requirement of any permission from or any payment to you or any other person or entity. You hereby appoint FOX as your agent with full authority to execute any document or take any action FOX may consider appropriate in order to confirm the rights granted by you to FOX in this Agreement.
You represent and warrant that: (i) you own the User Content Transmitted by you on, through or in connection with the FOX Services, or otherwise have the right to grant the license set forth in this Section, and (ii) the Transmission of User Content by you on, through or in connection with the FOX Services and Third Party Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of the use of any User Content Transmitted by you on or through the FOX Services or Third-Party Services.
If you delete your User Content from the FOX Services, FOX’s license to such User Content will end after a reasonable period of time necessary for the deletion to take full effect. However, the User Content may be retained in FOX’s back-up copies of the FOX Services, which are not publicly available. Furthermore, to the extent that FOX made use of your User Content before you deleted it, FOX will retain the right to make such pre-existing uses even after your User Content is deleted. You acknowledge that (i) deletion of your User Content from FOX Services will not result in, and FOX assumes no responsibility for, the deletion of such User Content by any third parties who were provided with or had access to such User Content prior to your deleting it from the FOX Services, and (ii) termination of your account or your use of the FOX Services will not result in the immediate or automatic deletion of your User Content consistent with this Agreement.
Removal of Material that Infringes Copyrights
FOX respects the intellectual property of others and requires that our users do the same. FOX will respond expeditiously to claims of copyright infringement and reserves the right to remove or disable access to any Content that infringes the copyright of any person under the laws of the United States upon receipt of a notice that substantially complies with the requirements of 17 U.S.C. § 512(c)(3) as set forth below. FOX also has a policy that provides for the termination in appropriate circumstances of subscribers and account holders of FOX Services who are repeat infringers.
If you believe that any material residing on or linked to from FOX Services infringes your copyright, you must send FOX's designated Copyright Agent a written notification of claimed infringement that contains substantially all of the following information:
(a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
(b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the FOX Services (such as the URL(s) of the claimed infringing material);
(c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and an email address;
(d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
(e) a statement by you that the above information in your notification is accurate and a statement by you, made under penalty of perjury, that you are the owner of an exclusive right that is allegedly infringed or are authorized to act on the owner's behalf; and
(f) your physical or electronic signature.
FOX’s Copyright Agent for notification of claimed infringement can be as follows:
2121 Avenue of the Stars, Suite 1200
Los Angeles, CA 90067
This contact information is exclusively for the purpose of notifying FOX of claimed infringement. Please be advised that requests sent to the Copyright Agent without the appropriate information or for purposes other than communication about copyright claims may not be reviewed or responded to.
If you posted material to FOX Service that was removed due to notice by a copyright owner.
If you posted material to FOX Services that FOX removed due to a notice of claimed infringement from a copyright owner, FOX will take reasonable steps promptly to notify you that the material has been removed or disabled. This notice may be by means of a general notice on the FOX Site or FOX Service or by written or electronic communication to such address(es) you have provided to FOX, if any.
You may provide counter-notification in response to such notice in a written communication directed to the Copyright Agent as described above, that includes the following:
identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
a statement by you, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
your name, address, telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which FOX may be found, and that you will accept service of process from the person who provided notification requesting the removal or disabling of access to the material or such person’s agent; and
your physical or electronic signature.
Please note that, under 17 U.S.C. §512(f), any person who knowingly makes material misrepresentations in a notification of claimed infringement or any counter-notification may be liable for damages.
Third Party Links and Services
In addition, the provider of the Third-Party Service may use other parties to provide portions of the application or service to you, such as technology, development or payment services. FOX is not responsible for and makes no warranties, express or implied, as to the Third-Party Services or the providers of such Third-Party Services (including, but not limited to, the accuracy or completeness of the information provided by such Third-Party Service or the privacy practices thereof). Inclusion of any Third-Party Service or a link thereto on the FOX Services does not imply approval or endorsement of the Third Party Service. FOX is not responsible for the content or practices of any websites other than the FOX Services, even if the website links to the FOX Services and even if it is operated by a FOX Affiliate or a company otherwise connected with the FOX Services. By using the FOX Services, you acknowledge and agree that FOX is not responsible or liable to you for any content or other materials hosted and served from any website or service other than the Fox Site or FOX Services. When you access Third-Party Services, you do so at your own risk.
FOX takes no responsibility for third party advertisements which are posted on the FOX Site or other FOX Services, nor does it take any responsibility for the goods or services provided by its advertisers.
You are solely responsible for your interactions with other users of the FOX Site and other FOX Services, providers of Third-Party Services, Processors or any other parties with whom you interact on, through or in connection with the FOX Services. FOX reserves the right, but has no obligation, to become involved in any way with any disputes between you and such parties.
THE FOX SERVICES ARE PROVIDED "AS-IS" AND "AS AVAILABLE" AND FOX DOES NOT GUARANTEE OR PROMISE ANY SPECIFIC RESULTS FROM USE OF OR CONTINUOUS AVAILABILITY OF THE FOX SERVICES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FOX EXPRESSLY DISCLAIMS ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND WARRANTIES IMPLIED FOR A COURSE OF PERFORMANCE OR COURSE OF DEALING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, FOX MAKES NO WARRANTY THAT YOUR USE OF THE FOX SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS TO THE FOX SERVICES WILL BE CORRECTED, THAT THE FOX SERVICES OR THE SERVERS ON WHICH THEY ARE AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY INFORMATION OBTAINED BY YOU ON, THROUGH OR IN CONNECTION WITH THE FOX SERVICES OR THIRD PARTY SERVICES (INCLUDING, BUT NOT LIMITED TO, THROUGH USER CONTENT OR THIRD PARTY ADVERTISEMENTS) WILL BE ACCURATE, RELIABLE, TIMELY OR COMPLETE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW FOX WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF DATA, PROPERTY DAMAGE, PERSONAL INJURY OR DEATH) RESULTING FROM USE OF THE FOX SERVICES, PROBLEMS OR TECHNICAL MALFUNCTION IN CONNECTION WITH USE OF THE FOX SERVICES, ATTENDANCE AT A FOX EVENT, ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED IN CONNECTION WITH THE FOX SERVICES, ANY USER CONTENT, ANY THIRD PARTY ADVERTISEMENT OR THIRD PARTY SERVICE TRANSMITTED ON, THROUGH OR IN CONNECTION WITH THE FOX SERVICES, OR THE CONDUCT OF ANY USERS OF THE FOX SERVICES, WHETHER ONLINE OR OFFLINE. YOUR USE OF USER CONTENT, THIRD PARTY ADVERTISEMENTS, THIRD PARTY SERVICES AND THE GOODS OR SERVICES PROVIDED BY ANY THIRD PARTIES IS SOLELY YOUR RESPONSIBILITY AND AT YOUR OWN RISK.
YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE FOX SERVICES, AND ANY INFORMATION TRANSMITTED OR RECEIVED IN CONNECTION THEREWITH, MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW YOU ASSUME RESPONSIBILITY, TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, FOR THE ENTIRE COST OF ANY MAINTENANCE, REPAIR OR CORRECTION TO YOUR COMPUTER SYSTEM OR OTHER PROPERTY OR RECOVERY OR RECONSTRUCTION OF LOST DATA NECESSITATED BY YOUR USE OF THE FOX SERVICES. USER CONTENT, THIRD-PARTY ADVERTISEMENTS AND THIRD-PARTY SERVICES DO NOT NECESSARILY REFLECT THE OPINIONS OR POLICIES OF FOX OR OUR FOX AFFILIATES.
Limitation of Liability
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COMPANY'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 TO COMPANY FOR THE COMPANY SERVICES DURING THE TERM OF YOUR USE OF THE COMPANY SERVICES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COMPANY WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OTHER THAN THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE COMPANY SERVICES DURING THE TERM OF YOUR USE OF THE COMPANY SERVICES, INCLUDING ANY OTHER GENERAL, DIRECT, INDIRECT, COMPENSATORY, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, AND INCLUDING, WITHOUT LIMITATION, LOST PROFIT DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE COMPANY SERVICES.
YOU ACKNOWLEDGE AND AGREE THAT ANY DAMAGES YOU INCUR ARISING OUT OF COMPANY’S ACTS OR OMISSIONS OR YOUR USE OF THE SITE OR THE COMPANY SERVICES ARE NOT IRREPARABLE AND ARE INSUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING THE AVAILABILITY OF OR ANY PERSON’S ABILITY TO ACCESS ANY PORTION OF THE SITE OR THE COMPANY SERVICES.
THE LIMITATIONS IN THIS SECTION APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
United States Jurisdiction
FOX provides the FOX Services in the United States of America. FOX does not represent that the FOX Content or the FOX Services are appropriate (or, in some cases, available) for use in other locations. If you use the FOX Site or the FOX Services from a jurisdiction other than the United States, you agree that you do so of your own initiative, and you are responsible for complying with local laws as applicable to your use of the FOX Site or the FOX Services.
Not all of the FOX Site Products are available worldwide or nationwide, and FOX makes no representation that you will be able to obtain any FOX Site Product in any particular jurisdiction, either within or outside of the United States.
U.S. Export Controls
Software available in connection with the FOX Services is further subject to United States export controls. No such software may be downloaded from the FOX Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using such software is at your sole risk.
Arbitration Agreement and Class Action Waiver
(1) FOX, including its FOX Affiliates, agents, employees, predecessors in interest, successors, and assigns, and you agree that any Dispute (as defined herein) between you and FOX, regarding any aspect of your relationship with FOX, will be resolved in a binding, confidential, individual and fair arbitration process, and not in court. Each of you and FOX agrees to give up the right to sue in court.
(3) Each of you and FOX also agrees to give up the ability to seek to represent, in a class action or otherwise, anyone but each of you and FOX (see paragraph 9 below).
(6) Any arbitration between you and FOX will be conducted by the Judicial Arbitration and Mediation Services, Inc. ("JAMS"), pursuant to the JAMS Streamlined Arbitration Rules & Procedures in effect at the time the request for arbitration is made (the "JAMS Rules"), as modified by this agreement to arbitrate. The arbitration shall be conducted by a single, neutral arbitrator, and if you and FOX cannot agree on who that single arbitrator will be, the arbitrator will be appointed pursuant to the JAMS Rules, with the participation and involvement of FOX and you pursuant to JAMS Rule 12. The JAMS Rules are available on its website at http://www.jamsadr.com/rules-streamlined-arbitration/. The Consumer Arbitration Minimum Standards are available at https://www.jamsadr.com/consumer-minimum-standards/. The arbitrator is bound by the terms of this Agreement.
(7) If either you or FOX wish to arbitrate a claim, you or FOX must first send by mail to the other a written Notice of Dispute ("Notice") that sets forth the name, address, and contact information of the party giving notice, the specific facts giving rise to the Dispute, the FOX Service to which the Notice relates, and the relief requested. Your Notice to FOX must be sent by mail to: Arbitration Notice of Dispute, 2121 Avenue of the Stars, 12th Floor, Los Angeles, California, 90067. FOX will send any Notice to you at the contact information we have for you or that you provide. It is the sender’s responsibility to ensure that the recipient receives the Notice. During the first 45 days after you or we send a Notice to the other, you and we may try to reach a settlement of the Dispute.
(8) If you and we do not resolve the Dispute within 45 days, either you or we may initiate arbitration in accordance with the JAMS Rules. Further instructions on submitting a Demand for Arbitration may be found at http://www.jamsadr.com/files/Uploads/Documents/JAMS_Arbitration_Demand.pdf . In addition to filing this Demand for Arbitration with JAMS in accordance with its rules and procedures, you must send a copy of this completed Demand for Arbitration to FOX at the address listed above to which you sent your Notice of Dispute.
(9) You and FOX acknowledge and agree to abide by the following rules for arbitration:
(10) JAMS charges filing and other fees to conduct arbitrations. Ordinarily, the claimant has to pay the filing fee to initiate arbitration, but if you wish to commence an arbitration against FOX, you and FOX acknowledge and agree to abide by the following:
If you are seeking to recover less than $10,000 (inclusive of attorneys’ fees), FOX will pay the filing fee on your behalf or reimburse your payment of it.
If you are seeking to recover $10,000 or more, you will have to pay the filing fee charged by JAMS, but FOX will reimburse the filing fee if you prevail on all claims decided upon by the arbitrator.
FOX and you agree that, if the claims to be arbitrated total less than $10,000 (inclusive of attorneys’ fees), the claim ordinarily should be decided on written submissions only, without a telephonic or in-person hearing. FOX will not request a hearing for any claims totaling less than $10,000. This provision shall not be construed by the arbitrator to deprive you of any rights you may have to a telephonic or in-person hearing in your hometown area pursuant to the JAMS Rules.
FOX and you agree that, if the claims to be arbitrated total $10,000 or more, the arbitration will occur in a manner and place consistent with the JAMS Rules.
(11) Regardless of how the arbitration proceeds, each of you and FOX shall cooperate in good faith in the exchange of non-privileged documents and information as necessary in accordance with the JAMS Rules, and the arbitrator shall issue a reasoned written decision sufficient to explain his or her findings and conclusions.
(12) Each of you and FOX may incur attorneys’ fees during the arbitration. Each side agrees to pay his, her or its own attorneys' fees unless the claim(s) at issue permit the prevailing party to be paid its attorneys' fees, and in such instance, the fees awarded shall be determined by Applicable Law. In addition to whatever rights you may have to recover your attorneys’ fees under Applicable Law, if you prevail in the arbitration, and if FOX failed to make a settlement offer to you before the arbitration or the amount you win is at least 25% greater than FOX’s highest settlement offer, then FOX will pay your reasonable attorneys’ fees in addition to the amount the arbitrator awarded. If FOX wins the arbitration, you will be responsible for your own attorneys’ fees. In addition, if the arbitrator, at the request of the winning party, finds that the losing party brought a claim or asserted a defense frivolously or for an improper purpose, then regardless of the amount in dispute, the arbitrator must order the losing party to pay both sides’ arbitration fees and may order the losing party to pay the winning party’s reasonable attorneys’ fees, unless such an award of fees is prohibited by Applicable Law.
(14) You and FOX agree to maintain the confidential nature of the arbitration proceeding and shall not disclose the fact of the arbitration, any documents exchanged as part of any arbitration, proceedings of the arbitration, the arbitrator’s decision and the existence or amount of any award, except as may be necessary to prepare for or conduct the arbitration (in which case anyone becoming privy to confidential information must undertake to preserve its confidentiality), or except as may be necessary in connection with a court application for a provisional remedy, a judicial challenge to an award or its enforcement, an order confirming the award, or unless otherwise required by law or court order. In keeping with the confidential nature of the arbitration, you and FOX agree that an order confirming award is only necessary if the obligations of the award have not been performed. Therefore, before taking any steps to confirm the arbitration award, the party seeking confirmation of the award must give the other party notice of its intention to confirm the award. If the party who would be the respondent in any such confirmation proceeding performs its obligation under the terms of the arbitration award within 15 business days of such notice, the party who gave notice of its intent to confirm the award shall not seek to confirm or otherwise enforce the award.
This Agreement will be governed by, and construed in accordance with, the laws of the State of Delaware, without regard to its conflict of law provisions.
Except with respect to Disputes to be resolved through an arbitration process in accordance with the Arbitration Agreement contained above, you and FOX agree to submit to the exclusive jurisdiction of the courts located in Wilmington, Delaware to resolve any Dispute arising out of the Agreement or the FOX Services.
YOU HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD-PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT.
YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE FOX SITE OR THE FOX SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER SUCH CAUSE OF ACTION ACCRUES. AFTER SUCH PERIOD, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
You agree to indemnify and hold FOX, its FOX Affiliates, stations affiliated with FOX, producers of FOX content, each advertiser, sponsor and their advertising agencies, subcontractors and other partners, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including, but not limited to, reasonable attorneys' fees, made by any third party due to or arising out of or in connection with your use or misuse of the FOX Site or the FOX Services (including, without, limitation, any use of your account, whether or not authorized by you), your breach of this Agreement, your violation of any rights of another or any User Content that you Transmit through the FOX Services.
FOX does not knowingly accept, via the FOX Services or otherwise, unsolicited submissions including, without limitation, submissions by you of blog ideas, articles, scripts, story lines, fan fiction, characters, drawings, information, suggestions, proposals, ideas or concepts. FOX requests that you do not make any unsolicited submissions. Any similarity between an unsolicited submission and any elements in any FOX or Affiliated FOX creative work including, without limitation, a film, series, story, title or concept would be purely coincidental. If you do send any submissions to FOX via the FOX Services that are unsolicited (including but not limited to any Forum), however, you agree that (i) your unsolicited submissions are not being made in confidence or trust and that by making such submissions no contractual or fiduciary relationship is created between you and FOX; (ii) any such unsolicited submissions and copyright become the property of and will be owned by FOX (and are not User Content licensed by you to FOX under "Your Proprietary Rights in and License to Your User Content") and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as FOX sees fit; (iii) you are not entitled to any compensation, credit or notice whatsoever in connection with such submissions; and (iv) by sending an unsolicited submission you waive the right to make any claim against FOX or FOX Affiliates relating to any unsolicited submissions by you, including, without limitation, unfair competition, breach of implied contract or breach of confidentiality.
FOX may, from time to time, post FOX employment opportunities on the FOX Services and/or invite users to submit resumes to it. If you choose to submit your name, contact information, resume and/or other personal information to FOX in response to employment listings, you are authorizing FOX to utilize this information for all lawful and legitimate hiring and employment purposes. FOX also reserves the right, at its sole discretion, to forward the information you submit to its FOX Affiliates for legitimate business purposes. Nothing in this Agreement or contained in the FOX Services will constitute a promise by FOX to contact, interview, hire or employ any individual who submits information to it, nor will anything in this Agreement or contained in the FOX Services constitute a promise that FOX will review any or all of the information submitted to it by users of the FOX Services.
The failure of FOX to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right or provision. The Section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. Except as otherwise expressly provided herein, if any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
You agree that any notices that FOX may be required by Applicable Law to send to you will be effective upon FOX’s sending an e-mail message to the e-mail address you have on file with FOX or publishing such notices on the informational page(s) of the FOX Site.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and FOX as a result of this Agreement or your use of the FOX Services. A printed version of this Agreement and of any notice related to it shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent as other business documents and records originally generated and maintained in printed form.
Nothing contained in this Agreement limits FOX’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the FOX Services or information provided to or gathered by us in connection with such use.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.