These Terms of Service (“Terms” or “Agreement”) govern the provision of the Wide Worlds Services and is an agreement entered into between you (“User”) and Wide Worlds LLC (“Wide Worlds”), a California. Each of User and Wide Worlds is a “Party,” and are collectively the “Parties.”
The terms “we”, “us” or “our” shall refer to Wide Worlds. The terms “you”, “your”, or “User” shall refer to any individual or entity who accepts this Agreement or uses the Services or any Wide Worlds Website. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
Your use of the Services or any Wide Worlds Website is expressly conditioned upon your compliance with these Terms. In addition, you acknowledge and agree to Wide Worlds’ Privacy Policy (“Privacy Policy”) (located at _____), which is incorporated herein by reference.
YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS AND ALL AGREEMENTS INCORPORATED BY REFERENCE. THESE TERMS CONTAIN A BINDING ARBITRATION CLAUSE AND A WAIVER OF CLASS ACTION CLAIMS. PLEASE READ ALL TERMS HEREIN CAREFULLY AS THEY AFFECT YOUR RIGHTS.
- The Wide Worlds Services. The Wide Worlds Services include a generative AI tool that allows you to create AI-generated content (“Content”) based upon your prompts and, if applicable, training data provided by the brand customer (“Brand”) identified on the applicable Wide Worlds website (“Website”) associated with the Brand’s campaign (“Campaign”). Your access to and use of the Services is subject to these Terms and all applicable laws and regulations. The Services are provided for your personal, non-commercial use in connection with the identified Brand’s Campaign, which may include posting the Content on the Brand’s website or linked social media page on a third-party social media platform (“Third Party Platform”) in accordance with the Brand’s Campaign instructions. You agree that you may not use the Services or any Content for any other reason or on any other platform or medium, except as expressly provided herein or as otherwise expressly permitted by the Brand in a separate writing.
- Eligibility; Authority. The Services and the Website are available only to individuals or entities (“Users”) who can form legally binding contracts under applicable law or are under the supervision of a parent or legal guardian who agrees to be bound by these Terms. By using the Services or the Website, you represent and warrant that you are (i) at least 18 years of age (or the age of legal majority where you live) or, if under the age of majority where you live, operating under the permission and supervision of a parent or legal guardian who agrees to be bound by these Terms, (ii) otherwise recognized as being able to form legally binding contracts under applicable law (or under the supervision of a parent or guardian otherwise recognized as being able to form legally binding contracts under applicable law), and (iii) are not a person barred from receiving the Services under the laws of the United States or other applicable jurisdiction. In using the Services, you represent and warrant that you meet the above eligibility requirements and have the authority to be bound by these Terms. If you are entering into this Agreement on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to the terms and conditions contained in this Agreement, in which case the terms “you”, “your”, or “User” shall refer to such corporate entity.
- Compliance with Laws. You are responsible for your compliance with these Terms, including the Acceptable Use Policy as set forth herein. In addition, you shall comply with all applicable law related to your access and use of the Services including with regard to the generation, posting, copying, and distribution of Content. Wide Worlds makes no representation or warranty that the Services or any Content or materials available on the Website are appropriate in every country or jurisdiction. You are responsible for compliance with all local laws, rules and regulations. You shall further comply with the terms of service of any Third-Party Platforms where you post any Content or that you otherwise access in connection with the Services.
Any use of the Services in breach of these Terms, or that in Wide Worlds’ judgment threatens the security, integrity, or availability of the Services, or that violates applicable law may result in the immediate suspension or termination of your access to the Services.
- Acceptable Use Policy. You agree to comply with the requirements of this Acceptable Use Policy, together with any additional rules published by Wide Worlds from time to time on the Wide Worlds Website which is incorporated herein by reference.
You agree not to use the Services to create, post, publish, or otherwise transmit any Content that may (a) contain any obscene or explicit sexual material, nudity, or profanity; (b) contain any material or images that could be considered abusive, inflammatory, denigrating, and/or disrespectful to any groups, individuals, or institutions, including without limitation any legally protected categories; (c) promote bigotry, racism, hatred, harm or self-harm; (d) harass any person or entity or cause damage or injury to any person or entity; (e) involve the creation or publication of any material that is false, fraudulent, defamatory, threatening, libelous, or otherwise tortious, criminal, or unlawful, including material harmful to children; (f) infringe, misappropriate, or otherwise violate upon the copyrights, trademarks, rights of publicity or privacy, intellectual property rights, or any other personal or proprietary rights of any person or entity; (g) contain any virus, malware, worm, disabling device, time bomb, Trojan horse, or other harmful or malicious script, code, tool, or application; (h) promote or facilitate any illegal activities; or (i) otherwise violate applicable laws. You may not use the Services or Content to attempt to or to actually deceive or defraud any person or entity. You may not intentionally mislead any person about the nature or source of any Content.
In addition to any other rights afforded to Wide Worlds under these Terms, Wide Worlds reserves the right to remove or disable access to any Services or Content that violates the foregoing restrictions. Wide Worlds shall have no liability in the event Wide Worlds takes such action, is unable to take such action, or fails to take such action. Wide Worlds expressly disclaims any responsibility or obligation to monitor or review any Content.
- Removal of Content. Wide Worlds may require you to remove and discontinue the use of any Content if Wide Worlds believes in its reasonable discretion that such Content violates Wide Worlds’ Acceptable Use Policy or may violate applicable law, including those relating to the infringement or misappropriation of the intellectual property rights of a third party. Upon such notice, you shall promptly remove any such Content that is within your control to remove and shall discontinue the use of such Content.
If requested by Wide Worlds, you shall confirm deletion and discontinuance of your use of such Content in writing, and Wide Worlds shall be authorized to provide a copy of such confirmation to any third-party claimant or governmental authority, as applicable.
- Limitations and Restrictions.
- Limitations. You agree you will not (a) disrupt or attempt to disrupt the integrity or performance of the Services; (b) gain or attempt to gain unauthorized access to the Services or its related systems or networks; (c) disable, bypass, or tamper with any copy protection, security mechanisms, or access control measures of the Services; (d) copy Content except as permitted herein; (e) sell, resell, license, sublicense, distribute, rent or lease the Services; (f) modify, adapt, alter, translate, or create derivative works of the Services or any part, feature, or function thereof; (g) frame or mirror any part of the Services or Content, other than as permitted under this Agreement; (h) reverse engineer, disassemble, decompile, or otherwise attempt to derive or determine the source code (or the underlying ideas, algorithms, structure, or organization) of the Services; (i) build a competitive product or service using similar ideas, features, functions, or graphics of the Services; (j) use the Services or a Third-Party Platform to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy rights; or (k) use the Services in violation of Wide Worlds’ Acceptable Use Policy.
- Service Suspension. Wide Worlds may suspend and/or terminate access to the Services or any portion thereof if Wide Worlds reasonably determines that (a) there is a security risk, disruption, attack, or threat to the Services or to any customer or vendor of Wide Worlds; (b) you are using the Services for harmful or illegal activities; (c) you are abusing the Services; (d) your use of the Services is likely to infringe the intellectual property rights of a third party; (e) you are in violation of this Agreement; (f) Wide Worlds’ provision of the Services is prohibited by applicable law; (g) any vendor of Wide Worlds has suspended or terminated Wide Worlds’ access to or use of services or products necessary to enable the Services; or for any other reason. Wide Worlds will have no liability resulting from of any suspension or termination of Services.
- Usage Limits. Services may be subject to usage limits. In addition, Wide Worlds reserves the right to review for excessive bandwidth utilization and may limit or suspend the services if we detect excessive bandwidth utilization.
- Limitations. You agree you will not (a) disrupt or attempt to disrupt the integrity or performance of the Services; (b) gain or attempt to gain unauthorized access to the Services or its related systems or networks; (c) disable, bypass, or tamper with any copy protection, security mechanisms, or access control measures of the Services; (d) copy Content except as permitted herein; (e) sell, resell, license, sublicense, distribute, rent or lease the Services; (f) modify, adapt, alter, translate, or create derivative works of the Services or any part, feature, or function thereof; (g) frame or mirror any part of the Services or Content, other than as permitted under this Agreement; (h) reverse engineer, disassemble, decompile, or otherwise attempt to derive or determine the source code (or the underlying ideas, algorithms, structure, or organization) of the Services; (i) build a competitive product or service using similar ideas, features, functions, or graphics of the Services; (j) use the Services or a Third-Party Platform to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy rights; or (k) use the Services in violation of Wide Worlds’ Acceptable Use Policy.
- Games and Contests. You acknowledge and agree that Wide Worlds is not a sponsor or promoter of any game, sweepstakes, contest, prize promotion, or any other similar program (“Games/Contests”) of a Brand or any other party. For the avoidance of doubt, if a Brand offers any Game or Contest in connection with the submission of Content or otherwise incorporates the Services into a Game or Contest, you acknowledge and agree that Wide Worlds is not responsible for monitoring, managing, overseeing, or administering such Game or Contest, including but not limited to with regard to determining winners or administering prizes. Wide Worlds is not responsible for Brand’s compliance with any laws, rules, regulations, orders, or agency interpretations applicable Games or Contests. You agree to indemnify Wide Worlds and its officers, directors, employees, agents, and third party service providers against and to hold them harmless from any and all claims and demands of any party arising from or in connection with your use of the Services or any Content submitted in any Game/Contest.
- AI Disclosure. You acknowledge and agree that generative AI models are complex and unpredictable, and therefore Wide Worlds makes no representations or guarantees in connection with any Content generated through the Services. Wide Worlds is not responsible for and shall not be liable for any Content you generate or any use of such Content. You acknowledge that your use of the Services is at your own risk.
- Availability of Services. You acknowledge and agree that from time to time the Services and/or the Website may be inaccessible or inoperable for any reason including, but not limited to, equipment malfunctions; periodic maintenance; or causes beyond our reasonable control or that are not reasonably foreseeable including, but not limited to, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. You acknowledge and agree that we assume no liability to you or any other party with regard to the availability of the Website or the Services on a continuous or uninterrupted basis.
- Third-Party Platforms. The Services may contain features designed to interoperate with Third-Party Platforms. To use such features, you may be required to obtain access to such Third-Party Platforms from their providers and agree to their terms and conditions. Wide Worlds cannot guarantee the continued availability of such features, and may cease providing them if the Third-Party Platform provider acts to limit the Services’ ability to interoperate with the Third-Party Platform. The Services are in no way endorsed, administered by, or associated with any Third-Party Platforms including, but not limited to, those operated by X Corp (formerly Twitter Inc.) and Discord Inc.
WIDE WORLDS MAKES NO REPRESENTATION AND WILL HAVE NO LIABILITY OR OBLIGATION WHATSOEVER IN RELATION TO YOUR USE OF OR AGREEMENTS WITH ANY THIRD-PARTY PLATFORMS. YOU MUST COMPLY WITH ALL AGREEMENTS AND OTHER LEGAL REQUIREMENTS THAT APPLY TO THIRD-PARTY PLATFORMS. YOUR USE OF THIRD-PARTY PLATFORMS IS AT YOUR OWN RISK.
- Intellectual Property Rights and Licenses. You acknowledge and agree that as between the Parties, any and all proprietary rights, title, and interest that is or may be recognized in the Content shall be solely owned by Wide Worlds. Once any Content has been created, generated, or developed by or in connection with the Wide Worlds Services, all ownership rights, title, and interest in and to any intellectual property embodied in the Content (each to the extent applicable and legally recognized) is solely owned by Wide Worlds. Wide Worlds may then immediately assign, transfer, and convey all such all such right, title, and interest in or to the Content to the applicable Brand. To the extent you receive or retain any ownership right, title, or interest in or to Content, or any modification, iteration, improvement, enhancement, or derivative work thereof (whether or not authorized), you hereby permanently and irrevocably assign, transfer, and convey to Wide Worlds all such right, title, and interest, including without limitation any intellectual property or other intangible proprietary rights. The foregoing assignment includes all rights of paternity, integrity, attribution, withdrawal, and other so-called “moral rights” which may be recognized in any jurisdiction, and to the extent such rights cannot be assigned under applicable law, you hereby expressly waive such rights. Wide Worlds may then immediately assign, transfer, and convey all such all such right, title, and interest in or to the Content to the applicable Brand identified on the Wide Worlds Website associated with the Campaign used to generate the Content. Wide Worlds hereby grants to you a limited, nontransferable, non-sublicensable, nonexclusive, revocable license to use, copy, and display the Content for your personal, non-commercial use in connection with Brand’s Campaign, subject at all times to your full compliance with the Terms.
For avoidance of doubt, the foregoing assignment shall be conducted to the maximum extent permitted or recognized under applicable law. Notwithstanding any term of this Agreement to the contrary, you expressly acknowledge that Wide Worlds makes no representation or guarantee with respect to the necessity or sufficiency of such rights (or subsequent assignment thereof) under applicable law, and provides no legal or other professional advice to you with respect thereto. In addition, intellectual property rights in and to Content may be limited by and subject to rights held by third parties. Wide Worlds makes no representation or warranty of non-infringement of any kind as to any Content, or as to the quality, timeliness, accuracy, merchantability, or fitness for a particular purpose of any Content.
- Ownership; Limited License. Wide Worlds or our licensors own all right title and interest (including intellectual property rights) in and to the Services. All rights in and to the Services, including all intellectual property rights, are reserved by us or our licensors except as otherwise expressly stated herein. Subject to your compliance with these Terms, Wide Worlds grants you a limited, nontransferable, non-sublicensable, nonexclusive, revocable license to access and use the Services for your personal, non-commercial use in connection with the identified Brand’s Campaign. Any other use of the Services is prohibited and will immediately terminate the license granted herein. You expressly acknowledge that, in addition to constituting a material breach of this Agreement, any unauthorized access or use of the Service shall constitute an infringement and violation of Wide Worlds and/or its licensors’ intellectual property and other proprietary rights.
- Trademarks. The “Wide Worlds” name and our logos, product or service names, slogans, and the look and feel of the Services are trademarks of Wide Worlds and may not be copied, imitated or used, in whole or in part, without our prior written consent. All other trademarks, registered trademarks, product names, and company names or logos mentioned on or in connection with the Services are the property of their respective owners.
- Feedback. If you provide Wide Worlds with any feedback or suggestions regarding the Services you hereby assign to Wide Worlds all rights in such feedback and agree that we may use and fully exploit such feedback and related information in any manner we deem appropriate without any liability or payment of any kind to you. Any feedback you provide will be treated as non-confidential and non-proprietary.
- DMCA Policy. If you believe that any Content or materials on our Services or Website infringes any copyright that you own or control, you may notify Wide Worlds’ designated agent as follows:
Contact Name: [INSERT]
Address: [INSERT]
Email Address: [INSERT]
To submit a valid notice of copyright infringement, please refer to Section 512(c)(3) of the Digital Millennium Copyright Act (“DMCA”) for specific requirements. Failure to comply with these requirements may render your notice ineffective. If you believe that your Content was removed or by mistake or misidentification, you may send a counter notice to Wide Worlds’ designated agent specified above. Please refer to Section 512(g)(3) of the DMCA for specific requirements of a counter notification.
- Trade Compliance. The Services, derivatives thereof, and software and technical data relating to the Services, may be subject to export control and economic sanctions laws and regulations administered or enforced by the U.S. Department of Commerce, U.S. Department of Treasury’s Office of Foreign Assets Control (“OFAC”), U.S. Department of State, other U.S. authorities, and other jurisdictions which prohibit export or diversion of certain technical products to certain countries (collectively, “Trade Controls”).
You shall not export, reexport, or transfer any Services or any software or technical data relating to the Services to any prohibited country or territory or to any restricted entity or individual in violation of applicable Trade Controls. You agree to comply with all U.S. Trade Controls. In addition, you represent and warrant that you are not (a) an individual or entity organized or located in a country or territory that is the target of OFAC sanctions, (b) designated as a Specially Designated National or Blocked Person by OFAC or otherwise owned, controlled, or acting on behalf of such a person, or (c) otherwise a prohibited party under U.S. Trade Controls.
The obligations under this section shall survive any termination or expiration of this Agreement.
- Disclaimers. EXCEPT AS EXPRESSLY PROVIDED HEREIN, WIDE WORLDS MAKES NO WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND SPECIFICALLY DISCLAIMS ANY CONDITIONS, REPRESENTATIONS, OR GUARANTEES AND ALL IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
SERVICES ARE PROVIDED “AS IS” AND AS AVAILABLE EXCLUSIVE OF ANY WARRANTY WHATSOEVER. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WIDE WORLDS DOES NOT GUARANTEE OR WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
WIDE WORLDS IS NOT RESPONSIBLE FOR AND WILL NOT BE LIABLE FOR THE CONTENT GENERATED BY OR MADE AVAILABLE THROUGH THE SERVICES, INCLUDING CONTENT GENERATED BY YOU. WIDE WORLDS DOES NOT CONTROL OR VET CONTENT AND IS NOT RESPONSIBLE FOR ANYTHING POSTED, TRANSMITTED, OR SHARED ON OR THROUGH THIRD-PARTY PLATFORMS OR IN ANY OTHER MANNER.
- LIMITATION OF LABILITY. IN NO EVENT SHALL WIDE WORLDS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR, AND YOU HEREBY WAIVE ALL RIGHTS TO CLAIM, ANY PUNITIVE, SPECIAL, INCIDENTAL, DIRECT, INDIRECT, CONSEQUENTIAL, OR EXEMPLARY DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THE WEBSITE OR THE SERVICES, (II) ANY SITES LINKED TO THE WEBSITE (THROUGH HYPERLINKS OR OTHERWISE), (III) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (IV) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER, (V) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY CONTENT, PERSONAL INFORMATION, OR OTHER INFORMATION AND DATA STORED THEREIN, (VI) ANY INTERRUPTION OR CESSATION OF SERVICES, (VII) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THE WEBSITE OR ANY SITES LINKED (THROUGH HYPERLINKS OR OTHERWISE) TO THE WEBSITE, (VIII) ANY USER GENERATED CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, OBSCENE OR OTHERWISE OBJECTIONABLE, (IX) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THE SERVICES OR THE WEBSITE, WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY AND REGARDLESS OF WHETHER OR NOT SUCH LOSS OR DAMAGES WERE FORESEEABLE OR WIDE WORLDS WAS ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF WHETHER ANY LIMITED REMEDY HEREIN FAILS OF ITS ESSENTIAL PURPOSE.
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL THE AGGREGATE LIABILITY OF WIDE WORLDS ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED $100.00 U.S. DOLLARS.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THE SERVICES OR THE WEBSITE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY.
- Indemnification. You agree to indemnify Wide Worlds and its officers, directors, employees, agents, and third party service providers against, and to hold them harmless from, any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by Wide Worlds directly or indirectly arising from (i) your use of and access to the Services or the Website (including any Content you generate, distribute, or share); (ii) your violation of any provision of this Agreement or the policies or agreements which are incorporated herein; and/or (iii) your violation of any third-party right, including without limitation any intellectual property or other proprietary right (including with regard to any Content you generate, distribute, or share). The indemnification obligations under this section shall survive any termination or expiration of this Agreement or your use of the Services or the Website.
- Dispute Resolution and Arbitration
- Except where prohibited, you agree that: (a) any and all disputes, claims and causes of action arising out of or connected with this Agreement, including but not limited to the Services or any Content generated in connection with the Services, shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of JAMS and held at the JAMS regional office nearest the User if located in the United States or nearest to Wide Worlds if User is not located in the United States; (b) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (c) judgment upon such arbitration award may be entered in any court having jurisdiction.
- All issues and questions concerning the construction, validity, interpretation, and enforceability of this Agreement, or the rights and obligations in connection with this Agreement, shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of California.
- THE ARBITRATION OF DISPUTES PURSUANT TO THIS SECTION SHALL BE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU MAY NOT BRING ANY CLAIM ON BEHALF OF OTHER SIMILARLY SITUATED PERSONS. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. CLAIMS MAY NOT BE PURSUED IN ANY COURT OTHER THAN TO ENFORCE THE ARBITRATOR'S AWARD. THE ARBITRATOR SHALL HAVE THE AUTHORITY TO AWARD RELIEF ONLY ON AN INDIVIDUAL AND NON-CLASS AND NONREPRESENTATIVE BASIS.
YOU ACKNOWLEDGE THAT ANY DISPUTE OR CONTROVERSY THAT MAY ARISE UNDER THIS AGREEMENT IS LIKELY TO INVOLVE COMPLICATED AND DIFFICULT ISSUES AND, THEREFORE EACH OF THE PARTIES HEREBY KNOWINGLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL RIGHTS TO TRIAL BY JURY IN ANY LEGAL PROCEEDING (WHETHER BASED ON CONTRACT, TORT OR OTHERWISE) ARISING OUT OF, OR RELATED TO, THIS AGREEMENT.
- Finality and Fees. The Parties shall share the costs, fees, and expenses of arbitrator and/or arbitration company equally, except that the Party initiating such arbitration shall be responsible for all filing fees in connection therewith. The arbitrator’s award, including awards of attorneys’ fees, costs, and expenses, shall bind the Parties, and may be entered as a judgment in any court of competent jurisdiction. The Parties hereby agree that any federal or state court located in Los Angeles County, California is a court of competent jurisdiction for this purpose. In addition to finality of the award or decision, the award or decision shall be eliminated from any process, petition to, or motion of appeal except as permitted by applicable law. Each Party hereby waives, and agrees not to assert, by way of motion, as a defense, or otherwise, in any such suit, action, or proceeding, any claim that it is not subject personally to the jurisdiction identified herein, that its property is exempt or immune from attachment or execution, that the suit, action, or proceeding is brought in an inconvenient forum, that the venue of the suit, action, or proceeding is improper or that this Agreement or the subject matter hereof may not be enforced. Each Party hereto submits to the exclusive jurisdiction of the state and federal courts located in the State of California, County of Los Angeles, for any action to compel or stay arbitration, for any dispute regarding the arbitrability of a claim relating to or arising under this Agreement.
- Except where prohibited, you agree that: (a) any and all disputes, claims and causes of action arising out of or connected with this Agreement, including but not limited to the Services or any Content generated in connection with the Services, shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of JAMS and held at the JAMS regional office nearest the User if located in the United States or nearest to Wide Worlds if User is not located in the United States; (b) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (c) judgment upon such arbitration award may be entered in any court having jurisdiction.
- Entire Agreement. This Agreement, and all other documents indicated herein as applicable to the Services, constitute the entire agreement between the Parties. Headings used in this Agreement are for convenience of reference only and do not affect the construction or interpretation of this Agreement.
- No Third-party Beneficiaries. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
- Waiver. Failure by Wide Worlds to enforce one or more of the provisions of this Agreement shall not constitute a waiver of that provision.
- Modification. Wide Worlds may amend or modify any provision of this Agreement without prior notice by posting a revised Agreement to the Wide Worlds Website, and the revised Agreement will become effective immediately upon posting or the effective date indicated in the new Agreement, as applicable, and will apply to any continued or new use of the Services. Your continued use of the Services constitutes your acceptance of such changes. Wide Worlds reserves the right to modify or change any of the Services or to cease offering or providing the Services or any individual features or aspects of the Services at any time, for any or no reason, and without prior notice. Wide Worlds will not be liable to you or any third party for any modification, suspension, or discontinuance of the Services or any individual features or aspects of the Services.
- Severability. If any provision of this Agreement is found by a court or arbitrator to be invalid, illegal or unenforceable, then such provision will be revised to the extent necessary to make it valid, legal, and enforceable, as written or as applied, and the remaining parts of this Agreement will remain in full force and effect.
- Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns.
- Governing Law. This Agreement shall be governed and construed in accordance with and pursuant to the law of the State of California, without giving effect to its principles of conflict of laws (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of California. You consent to the exclusive jurisdiction of the state or federal courts located in the state of California, County of Los Angeles over any suit, action, or proceeding arising out of or relating to this Agreement.
- Cookies. By using Wide Worlds’ Services or Website you consent to the use of cookies in accordance with Wide Worlds’ privacy policy.
- Contact Information. If you have any questions about this Agreement, please contact us by email at the following address: [CONTACT INFO].
