OFFICIAL WEBSITE
Terms of Use
Welcome to DINOSAUR EMPIRE. These Terms of Use ("Terms of Use") constitute an agreement between you and Dinosaur Empire concerning your use of our: (1) online and mobile websites and any other digital platform where these Terms of Use are posted ("Sites"); and (2) interactive features or downloads that are made available through our Sites ("Features"); and (3) content available on our Sites ("Content"). The Sites, Features, and Content are collectively referred to in these Terms of Use as the "Platform".
1. ACKNOWLEDGMENT & AGREEMENT
IMPORTANT PLEASE READ THESE TERMS OF USE CAREFULLY before accessing and USING THE Platform. These terms of use are a legally binding agreement between the company and you concerning your access and use of the Platform. BY ACCESSING AND/OR USING THE Platform YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THE TERMS OF USE, PLEASE DO NOT ACCESS OR USE THE Platform.
2. CHANGES
Dinosaur Empire reserves the right, at its sole discretion, to change, modify, discontinue, enhance, add or remove any portion of the Platform or any provision of the Terms of Use, in whole or in part, at any time. If we make a material change to the Terms of Use, we will notify you by posting a notice on the Sites. Any material change to these Terms of Use will be effective immediately; provided however, for existing registered users, such revisions will, unless otherwise stated, be effective 30 days after posting. The date that these Terms of Use were last modified can be found at the beginning of these Terms of Use. If you do not agree with a change to the Terms of Use, your sole remedy is to not access or use the Platform. If you continue to access or use the Platform after we change the Terms of Use, you accept the new Terms of Use.
3. ARBITRATION NOTICE
YOU AGREE THAT ANY DISPUTE BETWEEN YOU AND COMPANY CONCERNING YOUR ACCESS OR USE OF THE PLATFORM WILL BE RESOLVED BY BINDING ARBITRATION (AS DETAILED BELOW IN SECTION 23), AND THAT YOU WAIVE YOUR RIGHTS TO PARTICIPATE IN A CLASS ACTION, TO PARTICIPATE IN A CLASS-WIDE ARBITRATION, AND TO A JURY TRIAL, FOR MORE INFORMATION ABOUT THIS PROCESS, AND HOW YOU CAN OPT-OUT OF ARBITRATION, SEE SECTION 23 BELOW.
4. ACCESS; USE; USER ACCOUNTS
By using and accessing websites you are unconditionally agreeing to these Terms of Use. Certain parts or features of the Site may require registration or may otherwise ask you to provide information to create a user account to participate in certain Features or to access certain Content (each, a "User Account"). You may only open a User Account for yourself, and not for any other person. You are responsible for all activity occurring under your User Account, including maintaining the confidentiality of each username and password. You agree that you will: (a) immediately notify Us of any unauthorized use of your User Account; and (b) not allow any third party to use your User Account. Company will have no liability for any loss or damage arising from use or misuse of your User Account or your failure to comply with these requirements. Company, its affiliates and its third party licensors cannot and will not be liable for any loss or damage arising from any failure on the part of any person to comply with these obligations. The website may provide you with the opportunity to connect and/or link your User Account to certain third party social media sites ("Social Media Sites*). If you choose to connect or link your User Account to any Social Media website or Features you consent to the release of information about you to others, including to the Social Media Site(s). If you do not want information about you to be shared in this manner, do not connect or link your User Account to any Social Media Site(s).
5. GRANT OF RIGHTS; RESTRICTIONS
5.1 Company hereby grants you a limited, non-exclusive, non-transferable license to access, use and privately display the WebSite, Content and Features in accordance with these Terms of Use. Company grants you this limited license for your personal use only, and not for any commercial purpose. The use of the Sites, Content or Features for commercial purposes is unauthorized and may constitute infringement. This license does not include any rights to:
5.1.1 sell, resell, lend, lease, rent, or otherwise commercially use the page, or any material or information contained therein; 5.1.2 collect or use any information, data, listings, or descriptions of the website for any reason;5.1.3 circumvent, disable, or otherwise tamper with any security technology protecting any Content, system resources, accounts, or any other part of the Platform, or to attempt or assist another person to do so. It is prohibited to use or distribute tools designed for compromising security (e.g. password guessing programs, cracking tools, or network probing tools):5.1.4 create derivative works from the Platform or any materials or information contained therein: 5.1.5 download or copy User Account information of any third party: 5.1.6 use data mining, robots, or other data gathering and extraction tools on the Platform, 5.1.7 distribute, transfer, or post any Content on third party website, online service, or other medium; 5.1.8 modify, adapt, create derivative works from, or translate any part of the Platform; 5.1.9 reverse engineer the Platform, decompile or disassemble the page, otherwise attempt to obtain unauthorized access to theDinosaur Empire (as defined in Section 12), or attempt, or encourage or assist any other person, to take any of the above actions;5.1.10 remove or alter any copyright, trademark, or other proprietary notice contained in the Platform;5.1.11 display or share the Platform for public use; 5.1.12 frame or utilize framing techniques to use, surround, or enclose the Platform or any trademarks, service marks, logos, or other proprietary information (including: images, text, page layout, or form) of Dinosaur Empire and/or its affiliates or subsidiaries or Content providers:5.1.13 use any meta-tags or any' other "hidden text utilizing (1) the name of the Platform, (2) Dinosaur Empire and/or its affiliates, subsidiaries, or Content providers, or (3) any trade names or trademarks or other copyrighted materials relating thereto:5.1.14 allow any third party to use your User Account; or 5.1.15 reveal your email and password to anyone.
6. TERMINATION AND SUSPENSION
6.1 You may terminate your use of the Page at any time. Your right to use the Pagina will automatically terminate if you fail to comply with any provision of these Terms of Use.Dinosaur Empire may take any of the following actions in our sole discretion at any time and without giving any notice:
6.1.1 change or discontinue the Platform:6.1.2 remove or change Content; 6.1.3 change the Platform; 6.1.4 restrict, suspend, or terminate your access to the Platform; and 6.1.5 deactivate your User Account and delete all information in the User Account.
7. UPDATES
By using the Platform, you acknowledge and agree to receive, without further notice or prompting, updated versions of the website and related third-party software from time to time. If you do not accept any updated versions of the Platform and related third-party software, do not use the Platform.
8. PRIVACY NOTICE
By accessing and using the Platfornwyou confirm you have read and understand the Dinosaur Empire Privacy Notice available https://www.thedinosaurempire.com/legal/privacy-policy The Dinosaur Empire Privacy Notice is a statement of information practices only. It is not incorporated in these Terms of Use by reference.
9. INDIVIDUALS UNDER THE AGE OF 13
9.1 Platform Not Directed To 13 Years or Younger. Dinosaur Empire encourages the responsible use of the internet by children together with their parents and to that end, the Platform is not directed to children under the age of 13. Dinosaur Empire does not knowingly collect or use any personally identifiable information submitted or posted to the Platform from individuals under the age of 13, except in order to respond on a one-time basis to a specific request for information.
9.2 Notice to Parents. If you have any concerns about the Platform being accessed or used by children under the age of 13, please contact us at info@dinosaurempire.com
10. USER SUBMISSIONS
10.11 Feedback. Within certain areas of the WebSite we may invite you to provide us with feedback, comments, or other information ("Feedback"). We welcome your Feedback, as it helps us to improve the website and deliver better content for our users. By submitting Feedback, you agree that we are free to use the Feedback to improve the Platform or for any other purpose permitted by applicable law
10.2 Submissions. Dinosaur Empire does not accept or consider unsolicited creative ideas, suggestions, or materials ("Submissions"). In connection with anything you submit to us, whether or not solicited by us, you agree that creative ideas, suggestions, or other materials you submit are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and Dinosaur Empire and that you have no expectation of compensation or consideration of any type.
10.3 Limitation of Liability. You acknowledge that you are responsible for all Feedback and Submissions including with respect to their legality, reliability, appropriateness, originality, and copyright. You acknowledge and agree that neither Dinosaur Empire nor any of its licensees, successors or assigns has now, or will have in the future, any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of any copyright in and to your Feedback or Submission, and that Dinosaur Empire and its licensees, successors, and assigns are not responsible for the loss, deletion, failure to store, or mis-delivery of any Feedback or Submissions.
11. COPYRIGHT INFRINGEMENT POLICY
11.1 Notice. If you believe your work has been copied and posted on the Platform in a way that constitutes copyright infringement, you may provide us with notice of your complaint by contacting us with the following information, in writing:
11.1.1 the electronic or physical signature of the owner of the copyright or a person authorized to act on the owner's behalf;11.1.2 the identification of the copyrighted work that you claim has been infringed;11.1.3 the identification of the material that is claimed to be infringing, with information about its location reasonably specific to permit us to locate the material;11.1.4 your name, address, telephone number, and email address;11.1.5 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; and11.1.6 a statement that the above information in your notification is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.
11.2 Notices. All notices under Section 11.1 shall be sent to:
Copyright Agent
Dinosaur Empire.
Attn: General Counsel
E-Mail: dinosaurempireseries@gmail.com
11.3 Disclaimer. Please note that while Dinosaur Empire seeks to preserve any and all exemptions from liability that may be available under copyright law, this is not a stipulation that Dinosaur Empire is a service provider as defined in 17 USC section 512 c or elsewhere in the law
11.4 Investigation. After receiving a notification, we will process and investigate the notification and will take appropriate actions under applicable law. Upon receipt of a notification that complies or substantially complies with the above requirements, we will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing.
We will promptly take reasonable steps to notify the member that is the subject of the notification that we have removed or disabled access to such material.
12. INTELLECTUAL PROPERTY
12.1 Ownership. As between you and Dinosaur Empire, the website is owned by Dinosaur Empire and/or its licensors and content and technology providers, and is protected by applicable domestic and international copyright laws.
12.2 Content / Dinosaur Empire. As used herein, "Content" means: (1) any and all motion pictures, images, animations, artwork, copy, or information; and (2) any and all other readable audio and/or visual elements, regardless of the form or format, accessible via the Platform. Any and all underlying patentable or copyrightable elements (or elements protectable as trade secrets or otherwise under intellectual property laws) related to the Platform, including without limitation, source code, script, object code, software, protocols, algorithms, computer programs, data, and other sets of statements and instructions contained in the Platform will be considered the property of Dinosaur Empire. All rights not granted in these Terms of Use are reserved, and there are no implied licenses.
12.3 Dinosaur Empire Marks. Dinosaur Empire and all related registered and unregistered and service marks are the property of Dinosaur Empire. Certain characters, logos, names and images incorporated by Dinosaur Empire on the Platform are also protected as registered or unregistered, names, and/or service marks and are the property of their respective owners. The Dinosaur Empire may not be used without the express written permission of the Dinosaur Empire.
13. FORWARD LOOKING STATEMENTS
The Website may contain forward-looking statements regarding Dinosaur Empire business, customers, partners, future products, and services or other factors that may affect future earnings or financial results. Such statements involve risks and uncertainties which could cause actual results to vary materially from those expressed in or indicated by the forward-looking statements.
14. EXPORT RESTRICTIONS
You agree that you will comply with all applicable export laws, restrictions, and regulations of the U.S. or foreign agency or authority. You agree not to export or re-export, or to allow the export or re-export of the Service in violation of any such law, restriction, or regulation.
15. Third-Party SITES
15.1 Third Party Sites. The Platform contains or may contain links to other internet sites, including without limitation Social Media Sites. Dinosaur Empire does not verify, warrant, endorse, or take responsibility for the availability, accuracy, completeness, quality, practices, or policies of such sites or content available from such sites. Dinosaur Empire does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you irrevocably waive any claim against us with respect to such sites.
15.2 Linking. You are not permitted to link to the Platform from any third-party site without the prior written permission of Dinosaur Empire.
15.3 Social Media. The Platform may provide you with the opportunity to connect and/or link your User Account to certain third party social media sites ("Social Media Sites"). Those Social Media Sites may have their own terms of use and privacy policy applicable to the use of those Social Media Sites. If you choose to connect or link your User Account to any Social Media Site via the Platform, you may be sharing your information with those Social Media Sites. If you do not want information about you to be shared in this manner, do not connect or link your User Account to any Social Media Site(s).
16. ASSIGNMENT
You may not assign your rights and obligations under the Terms of Use for any reason. Dinosaur Empire may assign its rights and obligations under the Terms of Use at any time.
17. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF THE PLATFORM IS AT YOUR SOLE RISK. NEITHER DINOSAUR EMPIRE, PARENTS, AFFILIATES, EMPLOYEES, AGENTS, SERVICE PROVIDERS, THIRD PARTY INFORMATION PROVIDERS, LICENSORS, OR THE LIKE, WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, SECURE, OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PLATFORM OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PLATFORM OR AS TO THE ACCURACY, RELIABILITY, SECURITY, OR CONTENT OF ANY INFORMATION OR SERVICE CONTAINED IN OR PROVIDED THROUGH THE PLATFORM. THE PLATFORM AND ALL CONTENT AND INFORMATION PROVIDED THEREIN, AND ALL ELEMENTS OF ANY SOFTWARE RELATED THERETO, ARE PROVIDED ON AN "AS IS." "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, AND ALL SUCH WARRANTIES, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED AND EXPRESSLY NEGATED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY DINOSAUR EMPIRE, ANY OF ITS PARENTS, AFFILIATES, EMPLOYEES, AGENTS, SERVICE PROVIDERS, THIRD PARTY INFORMATION PROVIDERS, LICENSORS, OR THE LIKE, WILL CREATE A WARRANTY; AND YOU WILL NOT RELY ON ANY SUCH INFORMATION OR ADVICE. THE ABÖVE EXCLUSION OF IMPLIED WARRANTIES WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
18. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL DINOSAUR EMPIRE, ITS DISTRIBUTORS, PARENTS, AFFILIATES, EMPLOYEES, AGENTS, SERVICE PROVIDERS, THIRD PARTY INFORMATION PROVIDERS, LICENSORS, OR THE LIKE, OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE PLATFORM BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, LOST PROFIT, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR FOR ANY DAMAGES THAT RESULT FROM OR ARE RELATED TO THE USE OF OR INABILITY TO USE THE PLATFORM, OR FOR ANY DAMAGES THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO AN EVENT OF FORCE MAJEURE. THE ABOVE LIMITATIONS OF LIABILITY WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. YOU ASSUME THE RISK IN USING THE PLATFORM AS WELL AS RESPONSIBILITY FOR ESTABLISHING PROCEDURES FOR DATA BACKUP AND VIRUS CHECKING. TO THE EXTENT ANY SUCH DAMAGES ARE REQUIRED BY APPLICABLE LAW, THEY SHALL BE CAPPED AT THE AMOUNT PAID, IF ANY, BY YOU, SOLELY FOR THE PLATFORM DURING THE TWELVE (12) MONTHS PRIOR TO THE CLAIM. YOU AGREE THAT ANY DAMAGES YOU INCUR ARISING OUT OF THIS AGREEMENT ARE NOT IRREPARABLE AND ARE INSUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING THE AVAILABILITY OF, OR ANY PERSON'S ABILITY TO ACCESS, ANY PORTION OF THE PLATFORM.
19. IIME LIMITATIONS FOR CLAIMS
TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY CLAIM RELATING IN ANY WAY TO THE PLATFORM OR THESE TERMS OF USE MUST BE COMMENCED WITHIN ONE ( YEAR OF THE EVENTS FIRST GIVING RISE TO THE CLAIM. IF NOT COMMENCED WITHIN THIS ONE (1) YEAR PERIOD, YOU AND DINOSAUR EMPIRE ARE EACH PERMANENTLY BARRED FROM PURSUING THAT CLAIM.
20. INDEMNIFICATION
You agree to indemnify and hold harmless Dinosaur Empire, its parents, subsidiaries, affiliates, partners, agents, and licensors and each of their respective officers, directors, shareholders and employees against and from any and all liabilities, claims, costs, damages reasonable settlements and expenses (including without limitation reasonable attorneys' fees and court costs) to the extent arising out of or attributable to your breach of any of the provisions, representations, or warranties set forth in these Terms of Use, and/or from any and all use of the Platform in violation of the Terms of Use or the failure to fulfill any obligations relating to the Platform incurred by you or any other person using your User Account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section. You will cooperate as fully and as reasonably required in Dinosaur Empire defense of any claim.
21. FORCE MAJEURE
Dinosaur Empire will not have any liability to you for any delay or non-performance of its obligations under the Terms of Use, to the extent that such delay or non-performance is attributable to an Event of Force Majeure (as hereinafter defined). For the purposes of the Terms of Use, "Event of Force Majeure" will mean any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including. without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war (including but not limited to cyber related events and/or occurrences attributed to state and/or quasi-state actors by either public or privacy organizations and/or entities and/or governments), governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, lighting, or air conditioning.
22. ELECTRONIC COMMUNICATIONS
When you use the Platform, or send emails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. We may communicate with you in a variety of ways, such as by email, text, in-app push notifications, or by posting notices and messages on the Platform. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You also consent to receiving promotional messages, offers, surveys, and requests electronically. For more information as to how we communicate with you, please review our Privacy Notice at *http://www.ddinosaurempire.com/privacy-policy*. If you no longer want to receive non-transactional communications, you may unsubscribe at any time using the link at the bottom of the electronic communication.
23. DISPUTE RESOLUTION, ARBITRATION, CLASS-ACTION WAIVER, JURY WAIVER
23.1 Disputes. The terms of this Section 23 shall apply to all Disputes between you and Dinosaur Empire. For the purposes of this Section, "Dispute" shall mean any dispute, claim, controversy or action between you and Dinosaur Empire arising under or relating to your use of the Platform, these Terms of Use, or any other transaction involving you and Dinosaur Empire, whether in contract, warranty, misrepresentation. fraud, tort, intentional tort, statute, regulation, ordinance, or any other legal or equitable basis, and shall be interpreted to be given the broadest meaning allowable under law. YOU AND DINOSAUR EMPIRE AGREE THAT "DISPUTE" AS DEFINED IN THIS AGREEMENT SHALL NOT INCLUDE ANY CLAIM OR CAUSE OF ACTION BY YOU OR DINOSAUR EMPIRE FOR: (1) TRADE SECRET MISAPPROPRIATION; (2) PATENT INFRINGEMENT; (3) COPYRIGHT INFRINGEMENT OR MISUSE; OR (4) INFRINGEMENT OR DILUTION.
23.2 Binding Arbitration. You and Dinosaur Empire agree: (1) to arbitrate all Disputes between you and Dinosaur Empire pursuant to the provision of these Terms of Use; (2) these Terms of Use memorialize a transaction in interstate commerce: (3) the Federal Arbitration Act (9 U.S.C. § 1, et seq.) governs the interpretation and enforcement of this Section notwithstanding the choice-of-law provision contained herein); and (4) this Section shall survive termination in these Terms of Use.
23.3 Dispute Notice. In the event of a Dispute, you or Dinosaur Empire must first send to the other party a notice of the Dispute that shall include a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the Dispute, and the relief requested ("Dispute Notice"). The Dispute Notice to Dinosaur Empire must be addressed to , Attn: General Counsel. The Dispute Notice to you will be sent by certified mail to the most recent address we have on file. Following submission and receipt of the Dispute Notice, each party agrees to act in good faith to seek to resolve the Dispute before proceeding to mediation and arbitration
23.4 Pre-Arbitration Mediation. If Dinosaur Empire and you do not reach an agreement to resolve the Dispute within sixty (60) calendar days after the Dispute Notice is received, the next step is a mediation between you and Dinosaur Empire. Completing this mediation is a condition precedent to initiating arbitration, meaning you and Dinosaur Empire must participate in good faith and complete this mediation before either you or Dinosaur Empire can seek to initiate an arbitration against the other. As is customary, both you and Dinosaur Empire must attend the mediation, and you and Dinosaur Empire will split equally the mediator's fees. You and Dinosaur Empire will make every effort to agree on a mutually acceptable mediator. In the event the parties are unable to agree, the mediator will be selected by the American Arbitration Association ("AAA") from its National Roster of Mediators
23.5 Certification. If Dinosaur Empire and you are unable to resolve your dispute through the Pre-Arbitration Mediation described in Section
23.4 above, you or Dinosaur Empire may then commence an arbitration proceeding against the other. You and we agree that the party initiating arbitration must submit to AAA a certification that they have complied with and completed the Dispute Notice and Pre-Arbitration Mediation process set forth in Sections 23.3 and 23.4, and that they are a party to the Arbitration Agreement enclosed with the demand for arbitration. The demand for arbitration and certification must be personally signed by the party initiating arbitration (and their counsel, if represented). Neither party will be responsible for any arbitration-associated payments, including any applicable filing or initiation fees, until these requirements have been satisfied.
23.6 Small Claims Court. Notwithstanding the foregoing, you may bring an individual action in the small claims court of your state, municipality, province, or territory if the action is within that court's jurisdiction and is pending only in that court; provided, however. that you must first satisfy the Dispute Notice and Pre-Arbitration Mediation requirements of Sections 23.3 and 23.4 above before bringing such an action, and you must submit the Certification required by Section 23.5 above to the small claims court at the time you initiate the action.
23.7 WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS. EXCEPT AS PROVIDED FOR IN SECTION 23.12 BELOW, YOU AND DINOSAUR EMPIRE AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, INCLUDING WITHOUT LIMITATION FEDERAL OR STATE CLASS ACTIONS, OR CLASS ARBITRATIONS. ACCORDINGLY, EXCEPT AS PROVIDED FOR IN SECTION 23.12. BELOW, AN ARBITRATOR SHALL NOT COMBINE OR CONSOLIDATE MORE THAN ONE PARTY'S CLAIMS WITHOUT THE WRITTEN CONSENT OF ALL AFFECTED PARTIES TO AN ARBITRATION PROCEEDING, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU AND LIONSGATE AGREE THAT NO DISPUTE SHALL PROCEED BY WAY OF CLASS ARBITRATION WITHOUT THE WRITTEN CONSENT OF ALL AFFECTED PARTIES.
23.8 Arbitration Procedure. If a party elects to commence arbitration, the arbitration shall be administered by the American Arbitration Association ("AAA") and be governed by the AAA Consumer Arbitration Rules ("AAA Rules"), as applicable; except AAA may not administer any multiple claimant or class arbitration, as the parties agree that the arbitration shall be limited to the resolution only of individual claims. If there is a conflict between the AAA Rules and the rules set forth in these Terms of Use, the rules set forth in these Terms of Use shall govern. All Disputes shall be resolved by a single neutral arbitrator, and both parties shall have a reasonable opportunity to participate in the selection of the arbitrator. The arbitrator is bound by the terms of these Terms of Use. The arbitrator, and not any federal, state, provincial, territorial or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms of Use, including, but not limited to, any claim that all or any part of these Terms of Use is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator's award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
23.9 Initiation of Arbitration Proceeding. If either you or Dinosaur Empire decide to arbitrate a Dispute, we agree to the following procedure:
23.9.1 File or submit a Demand for Arbitration online at http://www.adr.org or by mail at: American Arbitration Association, Case Filing Services, 1101 Laurel Oak Road, Ste. 100, Voorhees, NJ 08043.23.9.2 Simultaneously send one copy of the Demand for Arbitration to the other party at the same address as the Dispute Notice, or as otherwise agreed to by the parties.23.9.3 You may obtain more information about arbitration and how to file a Demand for Arbitration at www.adr.org.
23.10 Hearing Format. Unless otherwise agreed, the arbitration shall take place in Los Angeles County, California, but may proceed virtually in the event the total amount of the claim does hot exceed $1,000 U.S. dollars (if the claimant so chooses). In all hearing formats, the arbitrator shall issue a written decision that explains the essential findings and conclusions on which an award, if any, is based. During the arbitration, the amount of any settlement offer made by Dinosaur Empire or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Dinosaur Empire is entitled. The discovery or exchange of non-privileged information relevant to the Dispute may be allowed during the arbitration. if the Mass Filing process described in Section 23.12 is triggered, then the location of any hearing will be determined by the arbitrator
23.11 Arbitration Fees. The fees and costs of the arbitration will be borne by the partios according to AAA's then-applicable Consumer Fee Schedule.
23.12 Mass Filing. If, at any time, 25 or more claimants (including you) send Dispute Notices or otherwise seek to pursue Disputes raising similar claims against Dinosaur Empire ("Mass Filing"), you agree to the following process and to application of the AAA Multiple Consumer Case Filing Fee Schedule. All arbitrations in this process shall be governed by the AAA Rules. You also understand and agree that, as a result of your choosing to participate in a Mass Filing, the resolution of your Dispute might be delayed.
23.13 Dispute Notice. You and we agree that before proceeding to mediation and arbitration, each Mass Filing claimant must first comply with the Dispute Notice requirements of Section 23.3 above. In the case of a Mass Filing, claimants may comply with that Section by submitting a single, consolidated Dispute Notice, provided that the Dispute Notice sets forth individualized information about each claimant required by Section 23.3
23.14 Bellwether Claimant Selection. To initiate arbitration, if there are more than 200 total claimants, Dinosaur Empire and claimants will each select 20 claimants (a total of 40 claimants) to serve as bellwether claimants. If there are less than 200 total claimants, the parties will select 20% of that total as bellwether claimants, with each of Dinosaur Empire and claimants selecting half of the total (if necessary, the parties will round 20% of the total up to the next even number so that each of Dinosaur Empire and claimants is able to select precisely half of the "bellwether" claimants). Dinosaur Empire and claimants agree to work together in good faith to exchange information about claimants* claims reasonably necessary to inform the selection of a fairly representative cross-section of bellwether claimants. The bellwether claimants will then proceed to file arbitration demands with AAA. No other claimants may file arbitration demands with AAA, or otherwise seek to trigger claimants' or Dinosaur Empire obligation to pay any arbitration-related fees. All limitations periods applicable to the claims of any claimants who are not selected as bellwether claimants will be tolled until the conclusion of the process described herein, including any appeals.
23.15 Bellwether Arbitration Process. All bellwether claimants" claims will be heard by a single three-arbitrator panel of former state or federal judges. AAA will supply a list of 40 arbitrators, all of whom are former state or federal judges. Each party shall receive fifteen (15) strikes. Claimants will make their strikes first, followed by Lionsgate ten calendar days later. Claimants and DE will each pick one arbitrator from the remaining set of 20, and the third arbitrator will be selected from that set of 20 by mutual agreement of claimants and Dinosaur Empire. If claimants and Dinosaur Empire are unable to come to mutual agreement on the third arbitrator, AAA will select the third arbitrator from the set of 20. Pre-hearing dispositive motions will be permitted. The parties and the panel will be free to brief and adjudicate issues that apply to multiple bellwether claimants on a consolidated basis, and the panel will be free to issue consolidated decisions that decide those issues as to multiple claimants. The panel will have discretion whether to consolidate the claimants' claims for the purposes of the arbitration hearing or to hear each claimant's claims separately. Hearings will be in-person unless the parties agree otherwise. The panel will issue a written, reasoned decision for each bellwether case. If the panel determines that any bellwether claimants* claims are frivolous or brought in bad faith, the panel shall award damages to Dinosaur Empire in the amount of any mediation fees, arbitration fees, and other fees or costs (including attorneys' fees) that Dinosaur Empire incurred in connection with said claims.
23.16 Post-Bellwether Mediation. Within ninety (90) days of the date the final bellwether decision is issued, the parties will engage in a good-faith global mediation to attempt to resolve the remaining claimants* claims. The mediation will be conducted as a single, global mediation of all claimants* claims. Each claimant may elect to be represented by counsel in lieu of appearing at the mediation, provided that each such claimant gives their counsel full settlement authority for the purpose of the mediation. Claimants and Dinosaur Empire will split equally the mediator's fees. Claimants and Dinosaur Empire will make every effort to agree on a mutually acceptable mediator. In the event the parties are unable to agree, the mediator will be selected by the AAA from its National Roster of Mediators. Unless otherwise agreed, the mediation will proceed in person.
23.17 Claims Administration Process - Stipulations. If the mediation fails to resolve the remaining claims, the parties will proceed to the "Claims Administration" phase. In this phase, the three-arbitrator panel that decided the bellwether arbitrations will determine how the bellwether decisions should be applied to each of the remaining claimants' claims. No claimant will need to formally initiate arbitration in order to participate in the Claims Administration Process. The appropriate fees for administering this process will be determined in consultation with AAA and the arbitration panel. The three-arbitrator panel will treat the bellwether decisions as legally binding and res judicata as to all remaining claimants.
23.18 Claims Administration Process - Stipul
The parties will work together in good faith to stipulate to how the bellwether decisions should be applied to claimants or groups of claimants, and the parties will submit any such stipulations to the arbitration panel. To the extent any such stipulations fully resolve remaining claimants* claims, the arbitration panel will be authorized to issue a written award to those claimants on the basis of said stipulations without the need for those claimants to formally initiate an arbitration.
23.19 Claims Administration Process - Disagreements. If there are any disagreements between the parties as to how the remaining claimants' claims should be decided, or the amount of an appropriate award, in view of the bellwether decisions, those disputes will be submitted to the arbitration panel for decision. The parties will be free to submit briefing, argument, and evidence to the panel on any legal or factual issues that may affect whether specific claimants or groups of claimants are entitled to a recovery and/or the appropriate amount of any such recovery. The panel may choose to hold a hearing or hearings on the disputes or to decide the disputes solely on the basis of the parties* written submissions. The panel will decide the appropriate award (if any) for each remaining claimant by applying ordinary legal principles and case law, i.e., the panel will follow the bellwether decisions in determining the appropriate recovery for each remaining claimant, but will be free to distinguish the bellwether decisions and to resolve issues not addressed by the bellwether decisions when legal or factual issues warrant. The panel will award each such claimant, if applicable, a recovery that is determined based on the merits of that claimant's claims in view of the binding and res judicata nature of the bellwether decisions. If the panel determines that any claims are frivolous or brought in bad faith, the panel must award damages to Dinosaur Empire in the amount of any mediation, arbitration, and other fees or costs (including attorneys fees) that Dinosaur Empire incurred to adjudicate said claims.
23.20 Appeal. Following the conclusion of the Claims Administration Process, any party may appeal any bellwether decision or claims administration decision to a three-arbitrator panel of retired federal appellate judges. Notice of any such appeal must be given to the other parties within fifteen (15) business days of the conclusion of the Claims Administration Process. To select the appellate arbitration panel, AAA will supply a list of 20 arbitrators, all of whom are former federal appellate judges. Each party shall receive five (5) strikes. Claimants will make their strikes first, followed by Dinosaur Empire ten calendar days later. Claimants and Dinosaur Empire will each pick one arbitrator from the remaining set of 10, and the third arbitrator will be selected from that set of 10 by mutual agreement of Claimants and Dinosaur Empire. If Claimants and Dinosaur Empire are unable to come to mutual agreement on the third arbitrator, AAA will select the third arbitrator from the set of 10. The appeal panel will apply federal appellate standards of review when reviewing the bellwether and claims administration panel's decisions. If the appeal panel remands any portion of any decision to the panel below, the pane! below will adjudicate the remanded issues consistent with the Bellwether and Claims Administration Processes described above. If the remanded decision is a Bellwether decision, the panel will re-adjudicate the remanded issues in the affected bellwether(s), issue revised bellwether awards(s), and then proceed to revisit the Claims Administration Process outlined above for any other claims affected by the revised bellwether awards. If the remanded decision relates solely to the Claims Administration Process, then the panel will re-adjudicate the remanded issues according to the Claims Administration Process outlined above.
23.21 Awards. Awards (if any) will be paid after completion of the above-described process, including any appeals.
23.22 Opt-Qut. You may elect to opt-out (exclude yourself) from the final, binding individual arbitration procedure and waiver of class and representative proceedings specified in these Terms of Use by sending a written letter to Lionsgate at Dinosaur Empire, Atto: General Counsel within thirty (30) calendar days of your initial agreement to these Terms of Use (including your first use of the Platform). The letter must be signed personally by you or your legal guardian and specify: (1) your name; (2) your mailing address; (3) and your request to be excluded from the final, binding individual arbitration procedure and waiver of class and representative proceedings specified in this Section. In the event that you opt-out consistent with the procedures set forth above, all other terms of these Terms of Use shall continue to apply.
23.23 Amendments to this Section. Notwithstanding any provision in these Terms of Use to the contrary, you and Lionsgate agree that if Lionsgate makes any material amendments to the dispute resolution procedure and class action waiver provisions in these Terms of Use, Lionsgate will notify you and you will have thirty (30) calendar days from the date of notice to affirmatively opt-out of any such amendments by sending a written letter to the Lionsgate Notice Address that specifies: (1) your name; (2) your mailing address; and (3) your request to opt-out of such amendments. If you affirmatively opt-out of any future amendments, you are agreeing that you will arbitrate any Dispute between us in accordance with the language of this Section as stated in these Terms of Use, without any of the proposed amendments governing. If you do not affirmatively opt-out of any future amendments, you will be deemed to have consented to any such future amendments.
23.24 Severability. If any provision in this Section is found to be unenforceable, that provision shall be severed with the remainder of these Terms of Use remaining in full force and effect. The foregoing shall not apply to the prohibition against class or representative actions; if the prohibition against class or representative actions is found to be unenforceable, this entire Section 23 shall be null and void. The foregoing shall also not apply to the Mass Filing process described in Section 23; all aspects of that process are part of one integrated whole, and if any part of that process is held to be invalid or unenforceable, then this entire Section 23 shall be null and void. The terms of this Section all otherwise survive any termination of these Terms of Use.
23.25 Exclusive Venue for Other Controversies. Dinosaur Empire and you agree that any controversy excluded from the dispute resolution procedure and class action waiver provisions in this Section (other than an individual action filed in small claims court) shall be filed only in the courts located within the State of California, County of Los Angeles, and each party hereby irrevocably and unconditionally only in the courts located within the State of California, County of Los Angeles, and each party hereby irrevocably and unconditionally consents and submits to the exclusive jurisdiction of such courts for any such controversy.
24. MISCELLANEOUS
These Terms of Use set forth the nature and extent of your relationship with Lionsgate as it pertains to the Platform. These Terms of Use are binding upon and inure to the benefit of Dinosaur Empire and you, and Dinosaur Empire successors and assigns, if any. If any provision of these Terms of Use is determined to be invalid or unenforceable, such determination will not affect the validity or enforceability of any other provision of the Terms of Use, except as provided in Section 23 above. Any waiver of any breach or failure to enforce any provision of the Terms of Use will not be deemed a future waiver of such term or a waiver of any other provision. Any waiver of any provision of the Terms of Use will be effective only if it is in writing and signed by Dinosaur Empire and you. Nothing contained in the Terms of Use will constitute or enable the development of a joint venture, partnership, any employee/employer or independent contractor relationship, or any other commercial relationship (except as seller and customer) between you and Dinosaur Empire. The provisions of the Terms of Use, which by their nature should survive expiration or termination of the Terms of Use, will survive such termination. You agree that your use of the Platform enables you to enter into agreements and/or to electronically. You acknowledge and agree that your electronic sUbmissions constitute your agreement and intent to be bound by any such agreements and/or purchases, including without limitation all transactions you enter into in connection with the Platform