TERMS OF SERVICE AGREEMENT (the “Agreement”)

January 09, 2024

Description of Site and Acceptance of Terms of Service Including Arbitration of Disputes

Welcome to the www.verify.fox (the “Site”), which is operated by Blockchain Creative Labs, LLC (“Company,” “our,” “we” or “us”). This Terms of Service Agreement, including any future modifications (“Agreement”) governs your use of the Site, including any other features, content, or applications offered thereon from time to time by Company in its sole discretion. Company is based in the United States and the Site are hosted in the United States.

Company furnishes the Site for your personal use, enjoyment, and entertainment. By visiting the Site, you agree that you will abide by the terms and conditions of this Agreement just as if you signed this Agreement. This includes your agreement to any future modifications, and to abide by all applicable laws, rules and regulations (collectively, “Applicable Law”). Please read through this Agreement carefully. Company may modify this Agreement at any time, and each such modification will be effective upon posting on the Site. Your continued use of the Site 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 are not authorized to access or otherwise use the Site.

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 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.

Overview of the Site

The Site offers a content verification tool that is designed to help users verify the source of certain third-party content by querying a blockchain-based protocol. That protocol also allows content creators and publishers to publish an on-chain signature that is associated with a particular piece of content. For simplicity, we call that “content that has been published to the protocol”. See the following https://verifymedia.com to learn how content creators and publishers can publish on the protocol. This Site analyzes third-party content that you reference via a URL link to assess whether the content appears substantially similar or identical to content that has been described on the protocol. Any matches or similarities to content submitted by participating content creators and publishers perceived by the Site will be identified for you.

Use of the Site is limited to users 13 years of age and older. You take full responsibility for your use of the Site, including use of URL links on the Site. AS DISCUSSED IN GREATER DETAIL BELOW, THE SITE IS DESIGNED T0 VERIFY THE SOURCE OF CONTENT THAT HAS BEEN PUBLISHED ON THE PROTOCOL, BUT THE SITE CANNOT AND SHOULD NOT BE EXPECTED TO VERIFY THE ACCURACY OF THAT CONTENT OR RETURN A RESULT IF THE CONTENT YOU LINK TO IS NOT SUBSTANTIALLY SIMILAR OR IDENTICAL TO CONTENT THAT HAS BEEN PUBLISHED ON THE PROTOCOL. ADDITIONALLY, FOR VARIOUS TECHNICAL REASONS, THE SITE MAY NOT ALWAYS IDENTIFY CONTENT DESCRIBED ON THE BLOCKCHAIN PROTOCOL SUBSTANTIALLY SIMILAR OR IDENTICAL TO CONTENT YOU LINK TO. WE STRONGLY URGE YOU TO CONSIDER THE VARIOUS RISK FACTORS AND LIMITATIONS DESCRIBED BELOW AND EXERCISE APPROPRIATE JUDGMENT IN RELYING ON ANY INFORMATION PROVIDED THROUGH THIS SITE.

Registration and Security

As a condition of using certain features of the Site, you may be required to register on the Site and/or select a username and password. All registration information you submit to us, directly or through a Third-Party Service (as defined below), to create an account must be accurate, complete and kept up to date. 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 or entity with the intent to impersonate that person; or (ii) use as a username, a name subject to any rights of another person or entity without appropriate authorization. Company reserves the right to refuse registration of, change or cancel, a username and/or account, in its sole discretion. It is your responsibility to notify us of any change to such information, including but not limited to your contact information. You are responsible for maintaining the confidentiality of your password and are responsible for all use of your account. It is therefore critical that you do not share your password with anyone. You agree not to use the account, username, email address or password of another person or entity at any time and not to allow any other person to use your account. Your account is not transferable. You agree to notify Company immediately if you suspect any unauthorized use of, or access to, your account or password. Company 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.

Access

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

Termination

Unless terminated by Company in its sole discretion, this Agreement remains in full force and effect while you use the Site or are a subscriber or member. Company may terminate your account, subscription, membership and/or access to the Site at any time, for any or no reason, with or without prior notice or explanation, and shall have no liability to you for such termination. Even after your user account or access to the Site is terminated by you or by Company, this Agreement will remain in full force and effect with respect to your past and future use of the Site. Any rights to your account terminate upon your death.

Fees

You acknowledge that Company reserves the right to charge a fee to access or use the Site, in whole or in part. The Company 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 Site after a fee has been imposed or increased, you are expressly agreeing to the fee or increase thereto and you will be responsible for paying such fee for the balance of your subscription or use of the Site. If Company suspends or terminates your account and/or access to the Site because you have breached the Agreement or violated Applicable Law, you will not be entitled to a refund of any unused portion of such fees or other payments.

Limited Content License

The Site may include information, text, files, images, video, sounds, musical works, works of authorship, software, applications, product names, company names, trade names, logos, designs, and any other materials or content (individually and collectively, “Content”) of Company, its licensors, or assignors (“Company Content”). Content on the Site 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-sublicensable, nontransferable license to access and display or perform the Company Content (excluding any software code) solely for your personal, non-commercial use in accessing and using the Site. Except as provided in this Agreement, by prior written consent of Company, or as explicitly permitted on the Site, 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, link to, make available, or otherwise use any Content contained in or through the Site.

Except as expressly permitted by Company in the limited license set forth above, you are strictly prohibited from creating works or materials (including but not limited to protocols, code, 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 or the Site. This prohibition applies regardless of whether such derivative works or materials are sold, bartered, freely accessible or given away. Also, you may not

either directly or through the use of any protocol, 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 Content contained on the Site or any digital rights management mechanism, device, or other content protection, copy control or access control measure associated with the Content including geo-filtering mechanisms. Except as explicitly and expressly permitted by Company or 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. If you reference the Site or Company Content, solely as expressly permitted above, you must not represent in any way, expressly or by implication, that you have received the endorsement, sponsorship or support of the Site, Company or Company brands, including its respective licensors, employees, agents, directors, officers and/or shareholders.

You may not, without the Company's prior written permission, “mirror” any Content contained on the Site or any other server. You may not use the Site for any purpose that is unlawful or prohibited by this Agreement and/or Applicable Law. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site, or interfere with any other party's use and enjoyment of the Site or do anything that interferes with the proper working of the Site. You may not introduce any computer viruses, Trojan horses, worms or other material that is malicious or technologically harmful. You may not attempt to gain unauthorized access to the Site through hacking, password mining or any other means. You may not use any robot, spider or other automatic device, process or means to access the Site, including for copying any Content on the Site, or use any manual process to copy any of the Content on the Site for any purpose not expressly stated in this Agreement. Company reserves the right, in its sole discretion, to terminate your access to the Site, or any portion thereof, at any time, for any reason or for no reason at all, without prior notice or any notice.

Restrictions on Use of the Site

You understand that you are responsible for all URLs, links and/or material that you process on the Site or otherwise make available through the Site (collectively, “User Material”). Additionally, you acknowledge that you have no expectation of privacy in or confidentiality with respect to User Material. Accordingly, please choose User Material carefully.

You acknowledge the Company reserves the right to investigate and take appropriate legal action against anyone who, in Company's sole discretion, violates this Agreement, including but not limited to, terminating their user account and/or reporting such User Material, conduct, or activity to law enforcement authorities.

You agree not to use the Company Material to:

  • Transmit or link to Content that is: unlawful; used without permission; invasive of another's privacy, publicity, contract or other rights; tortious; false or misleading; defamatory; libelous; hateful; or discriminatory;
  • Violate the rights of others including patent, trademark, trade secret, copyright, privacy, publicity or other proprietary rights;
  • 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 Site;
  • Interfere with, damage, disable, disrupt, impair, create an undue burden on, or gain unauthorized access to the Site, including Company’s servers, networks or accounts;
  • Cover, remove, disable, block or obscure advertisements or other portions of the Site;
  • 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 Site, or to circumvent or modify any security technology or software that is part of the Site;
  • 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 Site to access, index, frame, or link to the Site (including any of the Company 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 Company Content) or (ii) access the Site (including the Company 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 Site 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 Site in any manner inconsistent with Applicable Law.
  • Company reserves the right, but disclaims any obligation or responsibility, to remove or reject User Material that violates this Agreement, as may be determined by Company, or for any other reason, in Company’s sole discretion and without notice to you. You acknowledge that the Company reserves the right to investigate and take appropriate legal action against anyone who, in Company’s sole discretion, violates this Agreement, including but not limited to, terminating their user account and/or reporting such User Material, conduct, or activity to law enforcement authorities.
  • You acknowledge, consent and agree that Company may access, preserve or disclose information you provide to the Site and about your usage of the Site or that we have collected about you, including User Material and your account registration information (as applicable), including when Company 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 Company, our parents, subsidiaries or affiliates (“Company 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 Site 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 Company 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, you acknowledge and agree that Company may transfer your information to the party or parties involved in the transaction as part of that transaction.

Proprietary Rights; User Material

Company does not claim any ownership rights in the User Material that you provide or otherwise make available (collectively, “Transmit” or “Transmission”) on, through or in connection with the Site; provided, however, that User Material shall not include any Company Content or content owned or controlled by a Company Affiliate.

You represent and warrant that the Transmission of User Material on, through or in connection with the Site 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 Material Transmitted by you on or through the Site.

Removal of Material that Infringes Copyrights

Company respects the intellectual property of others and requires that our users do the same. Company 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. Company also has a policy that provides for the termination in appropriate circumstances of subscribers and account holders of the Site who are repeat infringers.

If you believe material on the Site infringes your copyright.

If you believe that any material residing on or linked to or from the Site infringes your copyright, you must send Company'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 Site (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. Company’s Copyright Agent for notification of claimed infringement can be as follows:

Fox Corporation
Copyright Agent
2121 Avenue of the Stars, Suite 1200
Los Angeles, CA 90067
E-Mail: FoxDMCA@fox.com
Phone: 310-369-3921

This contact information is exclusively for the purpose of notifying Company of claimed infringement. Please be advised that requests sent to the Copyright Agent without the appropriate subject line or for purposes other than communication about copyright claims may not be reviewed or responded to.

If you posted material on the Site that was removed due to notice by a copyright owner.

If you posted material to the Site that Company removed due to a notice of claimed infringement from a copyright owner, Company 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 Site or Company Service or by written or electronic communication to such address(es) you have provided to Company, 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:

(i) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;

(ii) a statement by you, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;

(iii) your name, address, telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which Company may be found, and that you will accept service of process from the person who provided notification requesting the removal or disabling of access to the material or such person’s agent; and

(iv) your physical or electronic signature. Please note that, under 17 U.S.C. §512

(f), any person who knowingly makes material misrepresentations in a notification of claimed infringement or any counter-notification may be liable for damages.

Third Party Links, Content and Services

The Site may provide, or third parties may provide, links or information to other websites, applications, resources or other content or services created by third parties (“Third Party Service(s)”). When you engage with a provider of a Third-Party Service, you are interacting with the third party, not with Company. If you choose to use a Third-Party Service and share information with it, the provider of the Third- Party Service may use and share your data in accordance with its privacy policy and your privacy settings on such Third-Party Service. Company encourages you not to provide any personal information to or through any Third-Party Service unless you know and are comfortable with the party with whom you are interacting. 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. Company 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 Site (whether by you or by Company) does not imply Company’s approval or endorsement of such Third-Party Service. You understand, acknowledge and agree that Company is not responsible for the content, the accuracy of content or practices of any other website or service other than the Site, even if the Third-Party Service link(s) to the Site and even if it is operated by a Company Affiliate or a company otherwise connected with the Site. By using the Site, you acknowledge and agree that Company is not responsible or liable to you for any content or other materials hosted and served from any Third- Party Service. When you access any Third-Party Service, you do so at your own risk.

Company takes no responsibility for third party content, material, or advertisements that may be posted on the Site, nor does it take any responsibility for the goods or services provided by its advertisers.

Member Disputes

You are solely responsible for your interactions with providers of Third-Party Services or any other parties with whom you interact on, through or in connection with the Site. Company reserves the right, but has no obligation, to become involved in any way with any disputes between you and such parties.

Privacy

Details of how we process any personal data you provide to Company, including in connection with your use of the Company Services can be found here, which is incorporated into and is a part of this Agreement by this reference.

Disclaimers and Risk Factors

THE SITE IS PROVIDED “AS-IS” AND “AS AVAILABLE” AND COMPANY DOES NOT GUARANTEE OR PROMISE ANY SPECIFIC RESULTS FROM USE OF OR CONTINUOUS AVAILABILITY OF THE SITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COMPANY 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, COMPANY MAKES NO WARRANTY THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS TO THE SITE WILL BE CORRECTED, THAT THE SITE 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 SITE OR THIRD PARTY SERVICES (INCLUDING, BUT NOT LIMITED TO, THROUGH USER MATERIAL OR THIRD PARTY ADVERTISEMENTS) WILL BE ACCURATE, RELIABLE, TIMELY OR COMPLETE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY RELEASE COMPANY FROM, AND AGREE THAT COMPANY 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 SITE, PROBLEMS OR TECHNICAL MALFUNCTION IN CONNECTION WITH USE OF THE SITE, ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED IN CONNECTION WITH THE SITE, ANY USER CONTENT, OR ANY THIRD PARTY ADVERTISEMENT OR THIRD PARTY SERVICE TRANSMITTED ON, THROUGH OR IN CONNECTION WITH THE SITE (COLLECTIVELY, THE “RELEASED MATTERS”). YOUR USE OF USER MATERIAL, URL LINKS, 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.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, AS STATED ABOVE, THE SITE INCLUDES FUNCTIONALITY USING A PROTOCOL THAT AIMS TO ASSIST YOU IN VERIFYING THE SOURCE OF COMPANY CONTENT AND CERTAIN THIRD-PARTY CONTENT, BY QUERYING A BLOCKCHAIN-BASED PROTOCOL THAT ALLOWS CONTENT CREATORS AND PUBLISHERS, LIKE COMPANY, TO PUBLICIZE ON-CHAIN SIGNATURES IDENTIFYING THE SOURCE OF LINKED CONTENT THAT YOU PROVIDE ON THE SITE. WE CANNOT GUARANTEE THE ACCURACY OF ANY VERIFICATION ATTEMPT USING THE PROTOCOL. IF THE PROTOCOL AVAILABLE THROUGH THE SITE IS UNABLE TO VERIFY THAT PARTICULAR CONTENT HAS BEEN PUBLISHED BY COMPANY OR ANY OTHER PARTICIPATING PUBLISHER OR CONTENT CREATOR, THAT DOES NOT NECESSARILY MEAN THAT THE CONTENT IS NOT AUTHENTIC. ON THE OTHER HAND, EVEN IF THE SITE VERIFIES THAT PARTICULAR CONTENT HAS BEEN DESCRIBED ON THE PROTOCOL, THAT HAS NOTHING TO DO WITH THE ACCURACY, OBJECTIVITY, OR ANY OTHER ASPECT OF THE UNDERLYING COMPANY CONTENT OR THIRD-PARTY CONTENT, BUT INSTEAD MERELY ACTS TO VERIFY ITS SOURCE. IN USING THE SITE AND FUNCTIONALITY OF THE PROTOCOL, YOU SHOULD CONSIDER ALL OF THE FOREGOING AS WELL AS THE FOLLOWING RISK FACTORS: (1) THE SITE DOES NOT GUARANTEE THE ABILITY TO VERIFY THE SOURCE OF COMPANY CONTENT OR THIRD-PARTY CONTENT; (2) THE SITE DOES NOT PROVIDE AND DOES NOT AIM TO PROVIDE ANY INFORMATION ABOUT THE VERACITY, OBJECTIVITY, OR ANY OTHER ASPECT OF THE UNDERLYING COMPANY CONTENT OR THIRD-PARTY CONTENT, BESIDES ITS SOURCE; (3) THE SITE DEPENDS IN MATERIAL OR WHOLE PART ON THE ONGOING EXISTENCE, FUNCTIONALITY, AND RELIABILITY OF ONE OR MORE BLOCKCHAINS, INCLUDING THE POLYGON BLOCKCHAIN, AND WE EXPRESS NO GUARANTEE OR OPINION ON THE ONGOING EXISTENCE, FUNCTIONALITY, OR RELIABLITY OF SUCH BLOCKCHAINS, WITHOUT WHICH THE SITE MAY FAIL TO FUNCTION RELIABLY OR AT ALL; AND (4) THE ABILITY OF THE SITE TO VERIFY THE SOURCE OF COMPANY CONTENT AND/OR THIRD-PARTY CONTENT DEPENDS IN PART OR ENTIRELY UPON THE ACCURACY AND COMPLETENESS OF DIGITAL SIGNATURES AND OTHER VERIFICATION METHODS PROVIDED BY THE COMPANY AND PARTICIPATING THIRD-PARTY CONTENT CREATORS OR PUBLISHERS, AND WE CANNOT AND DO NOT INDEPENDENTLY VERIFY SUCH ACCURACY OR COMPLETENESS.

YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE, 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, 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 SITE.

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 USE OF THE SITE DURING THE TERM OF YOUR USE OF THE SITE. 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 USE OF THE SITE DURING THE TERM OF YOUR USE OF THE SITE, 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 SITE.

YOU ACKNOWLEDGE AND AGREE THAT ANY DAMAGES YOU INCUR ARISING OUT OF COMPANY’S ACTS OR OMISSIONS OR YOUR USE OF THE SITE 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 SITE.

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.

BY ACCESSING THE SITE, 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, 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.”

You hereby waive any and all rights you have or may have under California Civil Code Section 1542, and/or any similar provision of law or successor statute to it, with respect to the Released Matters. 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 this Agreement to release fully, finally and forever all Released Matters under this Agreement. In furtherance of such intention, the releases set forth in this Agreement 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 hereto.

United States Jurisdiction

Company provides the Site for use in the United States of America. Company does not represent that the Site or the functionality available through the Site are appropriate (or, in some cases, available) for use in other locations. If you use the Site or the functionality available through the Site 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 Site and/or the functionality available through the Site.

U.S. Export Controls

Software available in connection with the Site is further subject to United States export controls. No such software may be downloaded from the Site 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) Company, including its Company Affiliates, agents, employees, predecessors in interest, successors, and assigns, and you agree that any Dispute (as defined herein) between you and Company, regarding any aspect of your relationship with Company, will be resolved in a binding, confidential, individual and fair arbitration process, and not in court. Each of you and Company agrees to give up the right to sue in court.

(2) The term “Dispute” is to be given the broadest possible meaning that will be enforced, and shall include any dispute, claim, demand, count, cause of action, or controversy between you and Company, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, or any other intentional tort), or any other legal or equitable theory. The term “Dispute” specifically includes, but is not limited to, any disputes, actions, claims, or controversies between you and the Company that arise from or in any way relate to or concern any products or services provided by Company including but not limited to the Site (as defined above), this Arbitration Agreement, any other aspect of these Terms of Use (including their applicability and their conformance to applicable law), any billing disputes, and any disputes relating to telephonic, text message, or any other communications either of us received from the other. The only exceptions to this Arbitration Agreement are that (i) each of you and Company retains the right to sue in small claims court and (ii) each of you and Company may bring suit in court against the other to enjoin infringement or other misuse of intellectual property rights. Disputes over whether these exceptions apply shall be resolved by the court in which such action has been brought; all other disputes over arbitrability shall be resolved by the arbitrator.

(3) Each of you and Company also agrees to give up the ability to seek to represent, in a class action or otherwise, anyone but each of you and Company (see paragraph 9 below).

(4) There is no judge or jury in arbitration, and court review of an arbitration award is limited. An arbitrator must follow this Agreement. The arbitrator, however, can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief, or statutory damages) provided that they are recoverable under this Agreement.

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

(6) Any arbitration between you and Company will be conducted by the Judicial Arbitration and Mediation Services, Inc. (“JAMS”), pursuant to the JAMS Streamlined Arbitration Rules & Procedures effective June 1, 2021 (the “JAMS Rules”), as modified by this agreement to arbitrate, as well as by the Consumer Arbitration Minimum Standards to the extent that you are a consumer. The arbitration shall be conducted by a single, neutral arbitrator, and if you and Company 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 Company and you pursuant to JAMS Rule 12. The JAMS Rules are available on its website at https://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 Company wants to arbitrate a claim, you or Company 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 Company Service to which the Notice relates, and the relief requested. Your Notice to the Company must be sent by mail to: Arbitration Notice of Dispute, 2121 Avenue of the Stars, 12th Floor, Los Angeles, California, 90067. The Company 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 https://www.jamsadr.com/submit/. In addition to filing this Demand for Arbitration with JAMS in accordance with its rules and procedures, you must send a copy of this completed Demand for Arbitration to the Company at the address listed above to which you sent your Notice of Dispute.

(9) You and the Company acknowledge and agree to abide by the following rules for arbitration:

(a) YOU AND COMPANY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE OR MULTI-CLAIMANT PROCEEDING, AND THE ARBITRATOR SHALL HAVE NO POWER TO AWARD CLASS-WIDE RELIEF; (b) the Company will pay arbitration costs as required by the JAMS Consumer Arbitration Minimum Standards and consistent with paragraph 10 below; (c) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law and the terms of this Agreement; and (d) each side pays his, her or its own attorneys’ fees, except as otherwise provided in paragraph 12 below.

(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 Company, you and the Company acknowledge and agree to abide by the JAMS Consumer Minimum Standards for Arbitration Procedures. Specifically, if, and only if, you are a consumer and initiate arbitration against Company, the only arbitration fee imposed by JAMS or the arbitrator you are required to pay is the $250 filing fee. Company will bear all other costs imposed by JAMS or the arbitrator (thus not including your own attorney’s fees or costs of arbitration), including any remaining JAMS case management fee and all professional fees for the arbitrator’s services. If Company is the claiming party initiating an arbitration against you, if you are a consumer, Company will pay all costs imposed by JAMS or the arbitrator. If you are a consumer, you have a right to an in-person hearing in your hometown.

(11) Regardless of how the arbitration proceeds, each of you and Company 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 Company may incur attorneys’ fees during the arbitration. Each side agrees to pay his, her or its own attorneys' fees unless the claim(s) at issue permit the prevailing party to be paid its attorneys' fees, and in such instance, the fees awarded shall be determined by the applicable law(s). In addition, 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.

(13) The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief, only to the extent necessary to provide relief warranted by that party's individual claim, only as permitted by applicable law, and only to the extent that declaratory and injunctive relief are permitted by this Agreement. The arbitrator shall have no authority to award punitive, exemplary, multiplied or consequential damages or any other relief not allowed under this Agreement. The arbitrator also may not order Company to pay any monies to or take any actions with respect to persons other than you, unless Company explicitly consents in advance, after an arbitrator is selected, to permit the arbitrator to enter such an order. Further, unless you and Company expressly agree, the arbitrator may not consolidate other persons’ claims with yours, and may not otherwise preside over any form of a representative, multi-claimant or class proceeding, though in the event that an arbitration you or we initiate arises from the same core set of facts as 25 or more other arbitrations (a mass filing), we agree that JAMS may employ strategies appropriately designed to efficiently handle such situations, including as set forth in the JAMS policy regarding mass arbitration filings, set forth at https://www.jamsadr.com/blog/2023/jams-policy-regarding-mass-arbitration- filings.

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

(15) With the exception of subpart (a) in paragraph (9) (i.e., the waiver of the ability to proceed on behalf of multiple claimants or a purported class), if any part of this Arbitration Agreement is deemed invalid, unenforceable, or illegal, then the balance of this Arbitration Agreement shall remain in effect and be construed in accordance with its terms as if the invalid, unenforceable, or illegal provision were not contained. If, however, subpart (a) in paragraph (9) is found invalid, unenforceable or illegal, then the entirety of this Arbitration Agreement shall be null and void, but the rest of this Agreement, including the provisions governing where actions against Company must be pursued, the choice of governing law, and our mutual waiver of the right to a trial by jury, will remain in effect and apply to any claim that, for this or any other reason, proceeds in court rather than in arbitration.

Governing Law

This Agreement will be governed by, and construed in accordance with, the laws of the State of New York, without regard to its conflict of law provisions.

Except with respect to Disputes to be resolved through an arbitration process in accordance with the Arbitration Agreement contained above, you and Company agree to submit to the exclusive jurisdiction of the courts located in New York, New York to resolve any Dispute arising out of the Agreement or the Site. YOU AND WE HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT YOU OR WE 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 AND WE AGREE THAT ANY CAUSE OF ACTION YOU OR WE MAY HAVE ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER SUCH CAUSE OF ACTION ACCRUES. AFTER SUCH PERIOD, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY ACTION RELATING IN ANY WAY TO THE SITE OR AGREEMENT MUST BE COMMENCED WITHIN ONE (1) YEAR OF THE RELEVANT EVENTS FIRST GIVING RISE TO THE DISPUTE. IF NOT COMMENCED WITHIN SUCH ONE (1) YEAR PERIOD, YOU OR WE ARE PERMANENTLY BARRED FROM PURSUING THAT CLAIM.

Indemnity

You agree to indemnify and hold Company, its Company Affiliates, stations affiliated with Company, producers of Company 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 Site (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 Material that you Transmit on or through the Site.

Unsolicited Submissions

Company does not knowingly accept, via the Site 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. Company requests that you do not make any unsolicited submissions. Any similarity between an unsolicited submission and any elements in any Company or Affiliated Company creative work including, without limitation, a film, series, story, title or concept would be purely coincidental. If you do send any submissions to Company via the Site that are unsolicited, 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 Company; (ii) any such unsolicited submissions and copyright become the property of and will be owned by Company and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as Company 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 Company or Company Affiliates relating to any unsolicited submissions by you, including, without limitation, unfair competition, breach of implied contract or breach of confidentiality.

Other

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

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

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Company as a result of this Agreement or your use of the Site. 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 Company’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by us in connection with such use.

Please contact the Site Administrator with any questions regarding this Agreement by visiting help.fox.com, clicking on “Privacy, Terms of Use and Copyright” and submitting a ticket with “Questions about Terms of Use” as the subject line and your full name, email address, and specific Company Service your question pertains to in the body of the request.

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

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