Welcome to pictionaryontv.com (the “Site”), which is operated by Otter Creek Productions, LLC (“Company,” “we” or “us”). The services Company provides on pictionaryontv.com may include video services, community pages and message boards, sweepstakes, contests and promotions, mobile services, texting, email, push alert services, and any other features, content, or applications offered from time to time by Company that link to these Terms of Service in connection with Company’s business (collectively, the ” “the Company Services”). Otter Creek Productions, LLC, is based in the United States and Company Services are hosted in the United States. Otter Creek Productions, LLC, is a part of the United States based operations of Fox Corporation.
Otter Creek Productions, LLC, furnishes pictionaryontv.com and the “the Company Services” for your personal enjoyment and entertainment. By visiting pictionaryontv.com (whether or not you are a registered member) or using the Company Services, you accept and agree to be bound by this Agreement, including any future modifications (“Agreement”), and to abide by all applicable laws, rules and regulations (“Applicable Law”). Please read through this Agreement carefully. Otter Creek Productions, LLC, may modify this Agreement at any time, and each such modification will be effective upon posting on pictionaryontv.com. All material modifications will apply prospectively only. Your continued use of pictionaryontv.com or the Company Services following any modification of this Agreement constitutes your acceptance of and agreement to be bound by the Agreement as modified. It is therefore important that you review this Agreement regularly. If you do not agree to be bound by this Agreement and to abide by all Applicable Law, you must discontinue use of the Company Services immediately.
Your access to and use of certain Company Services may require you to accept additional terms and conditions applicable to such Company Services, in addition to this Agreement, and may require you to download software or Content (as defined below). In the event of a conflict between any such additional terms and this Agreement, such additional terms will prevail.
PLEASE NOTE THAT THE “ARBITRATION AGREEMENT” SECTION BELOW CONTAINS PROVISIONS THAT REQUIRE (i) WITH LIMITED EXCEPTIONS, ALL DISPUTES ARISING BETWEEN YOU AND OTTER CREEK PRODUCTIONS, LLC, UNDER THIS AGREEMENT TO BE RESOLVED IN BINDING ARBITRATION, AND NOT IN COURT, AND (ii) YOU AND OTTER CREEK PRODUCTIONS, LLC, WAIVE THE RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION IN CONNECTION WITH SUCH DISPUTES. PLEASE CLICK HERE TO REVIEW THE ARBITRATION AGREEMENT. BY USING THIS SITE AND ACCEPTING THIS AGREEMENT, YOU AGREE TO BE BOUND BY THE ARBITRATION AGREEMENT. PLEASE READ IT CAREFULLY.
Registration and Security
You take full responsibility for your participation on the Site. 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 create an account must be accurate 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 with the intent to impersonate that person; or (ii) use as a username a name subject to any rights of another person without appropriate authorization. Otter Creek Productions, LLC, reserves the right to refuse registration of, or cancel, a username, in its sole discretion. It is your responsibility to notify us of any changes in such information, including but not limited to your contact information.
You are responsible for maintaining the confidentiality of 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 [member or subscriber] at any time and not to allow any other person to use your account. You agree to sign out of your account each time you conclude a visit to pictionaryontv.com. Your account is not transferable. You agree to notify Otter Creek Productions, LLC, immediately if you suspect any unauthorized use of, or access to, your account or password.
The Site is intended solely for your personal and non-commercial use. Otter Creek Productions, LLC, may change, suspend or discontinue the Site (or any feature thereof) at any time. Otter Creek Productions, LLC, 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 Otter Creek Productions, LLC, may undertake from time to time; or (iii) causes beyond the control of Otter Creek Productions, LLC, or that are not reasonably foreseeable by Otter Creek Productions, LLC.
Limited Content License
Company Services are offered for your personal use only and may not be used for commercial purposes. Company Services contain information, text, files, images, videos, sounds, musical works, works of authorship, software, applications, product names, Otter Creek Productions, LLC, names, trade names, logos, designs, and any other materials or content (collectively, “Content”) of Otter Creek Productions, LLC, its licensors, or assignors (“Otter Creek Productions, LLC, Content”), as well as Content provided by users or other third parties. Content contained in the Company Services is protected by copyright, trademark, patent, trade secret and other laws and, as between you and Otter Creek Productions, LLC, Otter Creek Productions, LLC, its licensors, or its assignors, own and retain all rights in the Otter Creek Productions, LLC Content. Otter Creek Productions, LLC, hereby grants you a limited, revocable, nonsublicensable license to access and display or perform the Otter Creek Productions, LLC, Content (excluding any software code) solely for your personal, non-commercial use in connection with using the Company Services. Except as provided in this Agreement or as explicitly allowed on the Company Services, you may not copy, download, stream, capture, reproduce, duplicate, archive, upload, modify, translate, publish, broadcast, transmit, retransmit, distribute, perform, display, sell, frame or deep-link, make available, or otherwise use any Content contained in the Company Services.
Except as explicitly and expressly permitted by the Otter Creek Productions, LLC, or by the limited license set forth above, you are strictly prohibited from creating works or materials (including but not limited to fonts, icons, link buttons, wallpaper, desktop themes, on-line postcards, montages, mash-ups and similar videos, greeting cards and unlicensed merchandise) that derive from or are based on the Otter Creek Productions, LLC, Content. This prohibition applies regardless of whether such derivative works or materials are sold, bartered or given away. Also, you may not either directly or through the use of any device, software, internet site, web-based service or other means, remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notice marked on the Content contained in the Company Services or any digital rights management mechanism, device, or other content protection, copy control or access control measure associated with the Content contained in Company Services, including geo-filtering mechanisms. Except as necessary in order to make reference to Otter Creek Productions, LLC, its products and services in a purely descriptive capacity, you are expressly prohibited from using any Otter Creek Productions, LLC, Content in any manner.
You may not, without the Company’s written permission, “mirror” any Contents contained on the Site or any other server. You may not use the Site for any purpose that is unlawful or prohibited by the Agreement. 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. You may not attempt to gain unauthorized access to the Site through hacking, password mining or any other means. Otter Creek Productions, LLC, 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 Company Services
You understand that you are responsible for all Content that you post, upload, transmit, email or otherwise make available on pictionaryontv.com or on, through or in connection with the Company Services (collectively, “User Content”). Additionally, you acknowledge that you have no expectation of privacy in or confidentiality with respect to your User Content. Accordingly, please choose User Content carefully.
You agree not to use the Company Services to:
Otter Creek Productions, LLC, reserves the right, but disclaims any obligation or responsibility, to remove User Content that violates this Agreement, as determined by Otter Creek Productions, LLC, or for any other reason, in Otter Creek Productions, LLC’s, sole discretion and without notice to you. You acknowledge the Otter Creek Productions, LLC, reserves the right to investigate and take appropriate legal action against anyone who, in Otter Creek Productions, LLC’s, sole discretion, violates this Agreement, including but not limited to, terminating their user account and/or reporting such User Content, conduct, or activity to law enforcement authorities.
You acknowledge, consent and agree that Otter Creek Productions, LLC, may access, preserve or disclose information you provide to pictionaryontv.com, including User Content and your account registration information, including when Otter Creek Productions, LLC, 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 Otter Creek Productions, LLC, our parents, subsidiaries or affiliates (“Otter Creek Productions, LLC, 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 Company Services or members of the public including in urgent circumstances; (iii) protect against fraud or for risk management purposes; (iv) comply with the law or legal process; or (v) respond to requests from public and government authorities. If Otter Creek Productions, LLC, 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, Otter Creek Productions, LLC, may transfer your information to the party or parties involved in the transaction as part of that transaction.
Otter Creek Productions, LLC, reserves the right to limit the storage capacity of User Content. You assume full responsibility for maintaining backup copies of your User Content, and Otter Creek Productions, LLC, assumes no responsibility for any loss of your User Content due to its being removed by Otter Creek Productions, LLC, or for any other reason.
User Content on Message Boards and Forums
pictionaryontv.com offers users the ability to post messages on message boards and forums (collectively, “Forums”), which may be open to the public generally, to all members of pictionaryontv.com, or to a select group of members to a specific Forum group. You acknowledge that all Content posted on Forums is User Content, and by posting on Forums you agree to comply with the rules and restrictions on User Content set forth above and any other rules specifically applicable to such Forums. Otter Creek Productions, LLC, reserves the right, but disclaims any obligation or responsibility, to prevent you from posting User Content to any Forum and to restrict or remove your User Content from a Forum or refuse to include your User Content in a Forum for any reason at any time, in Otter Creek Productions, LLC’s, sole discretion and without notice to you.
You acknowledge that messages posted on such Forums are public, and Otter Creek Productions, LLC, cannot guarantee the security of any information you disclose through any Forum; you make such disclosures at your own risk. Otter Creek Productions, LLC, is not responsible for the content or accuracy of any information posted on a Forum, and shall not be responsible for any decisions made based on such information.
Your Proprietary Rights in and License to Your User Content
Otter Creek Productions, LLC, does not claim any ownership rights in the User Content that you post, upload, email, transmit, or otherwise make available (collectively, “Transmit”) on, through or in connection with the Company Services, except with respect to your unsolicited submissions, as described under “Unsolicited Submissions” below; provided, however, that User Content shall not include any Otter Creek Productions, LLC, Content or content owned by an Otter Creek Productions, LLC, Affiliate. By posting or transmitting any User Content on, through or in connection with the Company Services, you hereby grant to Otter Creek Productions, LLC, and our Otter Creek Productions, LLC, Affiliates, licensees, assignees, and authorized users a worldwide, perpetual, irrevocable, non-exclusive, fully-paid and royalty-free, freely sublicensable, transferable (in whole or in part) right (including any moral rights) and license to use, modify, excerpt, adapt, publish, translate, create derivative works and compilations based upon, publicly perform, publicly display, reproduce, sublicense, and distribute such User Content, including your name, voice, likeness and other personally identifiable information to the extent that such is contained in User Content, anywhere, in any form and on and through all media formats now known or hereafter devised, for any and all purposes including, but not limited to, promotional, marketing, trade or any non-commercial or commercial purposes. Additionally, Otter Creek Productions, LLC, is free to use any ideas, concepts, know-how, or techniques contained within such User Content for any purpose including, but not limited to, developing, manufacturing, marketing and providing commercial products and services, including Company Services. Otter Creek Productions, LLC‘s, use of such User Content shall not require any further notice or attribution to you and such use shall be without the requirement of any permission from or any payment to you or any other person or entity. You hereby appoint Otter Creek Productions, LLC, as your agent with full authority to execute any document or take any action Otter Creek Productions, LLC, may consider appropriate in order to confirm the rights granted by you to Otter Creek Productions, LLC, in this Agreement.
You represent and warrant that: (i) you own the User Content Transmitted by you on, through or in connection with the Company Services, or otherwise have the right to grant the license set forth in this Section, and (ii) the Transmission of User Content by you on, through or in connection with the Company Services and Third Party Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of the use of any User Content Transmitted by you on or through the Company Services or Third Party Services.
If you delete your User Content from pictionaryontv.com, Otter Creek Productions, LLC’s, license to such User Content will end after a reasonable period of time necessary for the deletion to take full effect. However, the User Content may be retained in the Otter Creek Productions, LLC’s, back-up copies of pictionaryontv.com, which are not publicly available. Furthermore, to the extent that Otter Creek Productions, LLC, made use of your User Content before you deleted it, Otter Creek Productions, LLC, will retain the right to make such pre-existing uses even after your User Content is deleted. You acknowledge that (i) deletion of your User Content from pictionaryontv.com will not result in, and Otter Creek Productions, LLC, assumes no responsibility for, the deletion of such User Content by any third parties who were provided with or had access to such User Content prior to your deleting it from pictionaryontv.com, and (ii) termination of your account or your use of the Company Services will not result in the immediate or automatic deletion of your User Content consistent with this Agreement.
Removal of Material that Infringes Copyrights
Otter Creek Productions, LLC, respects the intellectual property of others and requires that our users do the same. Otter Creek Productions, LLC, has a policy that provides for the termination in appropriate circumstances of subscribers and account holders of Company Services who are repeat infringers. Otter Creek Productions, LLC, also reserves the right to remove or disable access to any transmission of 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 above.
If you believe material on Company Services infringes your copyright.
If you believe that any material residing on or linked to Company Services infringes your copyright, you must send Otter Creek Productions, LLC’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 Company Services (such as the URL(s) of the claimed infringing material); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and an email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) a statement by you that the above information in your notification is accurate and a statement by you, made under penalty of perjury, that you are the owner of an exclusive right that is allegedly infringed or are authorized to act on the owner’s behalf; and (f) your physical or electronic signature. Company’s Copyright Agent for notification of claimed infringement can be reached as follows:
Otter Creek Productions Copyright Agent, c/o Fox Corporation, 2121 Avenue of the Stars, Suite 700, Los Angeles, California 90067.
Company’s Copyright Agent can also be reached electronically at FOXDMCA@fox.com.
If you posted material to pictionaryontv.com that was removed due to notice by a copyright owner.
If you posted material to pictionaryontv.com that Otter Creek Productions, LLC, removed due to a notice of claimed infringement from a copyright owner, Otter Creek Productions, LLC, 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 pictionaryontv.com or by written or electronic communication to such address(es) you have provided to Otter Creek Productions, LLC, if any. You may provide counter-notification in response to such notice in a written communication that includes substantially all of 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 Otter Creek Productions, LLC, 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.
Your Exposure to Others’ User Content
You understand that Otter Creek Productions, LLC, does not control the User Content posted by users via the Company Services and, as such, you understand you may be exposed to offensive, inaccurate or otherwise objectionable User Content. Otter Creek Productions, LLC, assumes no responsibility or liability for this type of Content. If you become aware of any misuse of the Company Services, including in violation of any “Restrictions on Use of Company Services,” please report it immediately to Otter Creek Productions, LLC, Privacy-FFR@fox.com. Otter Creek Productions, LLC, assumes no responsibility for monitoring the Company Services for inappropriate User Content or user conduct. If at any time, Otter Creek Productions, LLC, chooses in its sole discretion to monitor the Company Services, Otter Creek Productions, LLC, nonetheless assumes no responsibility for Content other than Otter Creek Productions, LLC, Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of any user.
Third Party Links and Services
You are solely responsible for your interactions with other users of pictionaryontv.com and the Company Services, providers of Third Party Services or any other parties with whom you interact on, through or in connection with Company Services. Otter Creek Productions, LLC, reserves the right, but has no obligation, to become involved in any way with any disputes between you and such parties.
COMPANY SERVICES ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND OTTER CREEK PRODUCTIONS, LLC, DOES NOT GUARANTEE OR PROMISE ANY SPECIFIC RESULTS FROM USE OF OR CONTINUOUS AVAILABILITY OF THE COMPANY SERVICES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OTTER CREEK PRODUCTIONS, LLC, 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, OTTER CREEK PRODUCTIONS, LLC, MAKES NO WARRANTY THAT YOUR USE OF THE COMPANY SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS TO THE COMPANY SERVICES WILL BE CORRECTED, THAT THE COMPANY SERVICES OR THE SERVERS ON WHICH THEY ARE AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY INFORMATION OBTAINED BY YOU ON, THROUGH OR IN CONNECTION WITH THE COMPANY SERVICES OR THIRD PARTY SERVICES (INCLUDING, BUT NOT LIMITED TO, THROUGH USER CONTENT OR THIRD PARTY ADVERTISEMENTS) WILL BE ACCURATE, RELIABLE, TIMELY OR COMPLETE. UNDER NO CIRCUMSTANCES WILL OTTER CREEK PRODUCTIONS, LLC, 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 COMPANY SERVICES, PROBLEMS OR TECHNICAL MALFUNCTION IN CONNECTION WITH USE OF THE COMPANY SERVICES, ATTENDANCE AT A OTTER CREEK PRODUCTIONS, LLC, EVENT, ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED IN CONNECTION WITH THE COMPANY SERVICES, ANY USER CONTENT, ANY THIRD PARTY ADVERTISEMENT OR THIRD PARTY SERVICE TRANSMITTED ON, THROUGH OR IN CONNECTION WITH THE COMPANY SERVICES, OR THE CONDUCT OF ANY USERS OF THE COMPANY SERVICES, WHETHER ONLINE OR OFFLINE. YOUR USE OF USER CONTENT, THIRD PARTY ADVERTISEMENTS, THIRD PARTY SERVICES AND THE GOODS OR SERVICES PROVIDED BY ANY THIRD PARTIES IS SOLELY YOUR RESPONSIBILITY AND AT YOUR OWN RISK.
YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE COMPANY SERVICES, AND ANY INFORMATION TRANSMITTED OR RECEIVED IN CONNECTION THEREWITH, MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. 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 COMPANY SERVICES.
Limitation on Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Otter Creek Productions, LLC, WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFIT DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE COMPANY SERVICES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OTTER CREEK PRODUCTIONS, LLC’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 OTTER CREEK PRODUCTIONS, LLC, FOR THE COMPANY SERVICES DURING THE TERM OF YOUR USE OF THE COMPANY SERVICES.
YOU ACKNOWLEDGE AND AGREE THAT ANY DAMAGES YOU INCUR ARISING OUT OF OTTER CREEK PRODUCTIONS, LLC’S, ACTS OR OMISSIONS OR YOUR USE OF pictionaryontv.com OR THE COMPANY SERVICES ARE NOT IRREPARABLE AND ARE INSUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING THE AVAILABILITY OF OR ANY PERSON’S ABILITY TO ACCESS ANY PORTION OF pictionaryontv.com OR THE COMPANY SERVICES.
THE LIMITATIONS IN THIS SECTION APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF OTTER CREEK PRODUCTIONS, LLC, HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
United States Jurisdiction
Otter Creek Productions, LLC, provides the Company Services in the United States of America. Otter Creek Productions, LLC, does not represent that the Otter Creek Productions, LLC, Content or the Company Services are appropriate (or, in some cases, available) for use in other locations. If you use pictionaryontv.com or the Company Services from a jurisdiction other than the United States, you agree that you do so of your own initiative, and you are responsible for complying with local laws as applicable to your use of pictionaryontv.com or the Company Services.
Not all of the Site Products are available worldwide or nationwide, and Otter Creek Productions, LLC, makes no representation that you will be able to obtain any Site Product in any particular jurisdiction, either within or outside of the United States.
U.S. Export Controls
Software available in connection with the Company Services is further subject to United States export controls. No such software may be downloaded from the Company Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using such software is at your sole risk.
(2) 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.
(3) Any arbitration between you and Otter Creek Productions, LLC, will be conducted by the Judicial Arbitration and Mediation Services, Inc. (“JAMS”), pursuant to the JAMS Streamlined Arbitration Rules & Procedures effective July 1, 2014 (the “JAMS Rules”), as modified by this agreement to arbitrate. The arbitration shall be conducted by a single, neutral arbitrator, and if you and Otter Creek Productions, LLC, 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 Otter Creek Productions, LLC, and you pursuant to JAMS Rule 12. The JAMS Rules are available on its website at http://www.jamsadr.com/rules-streamlined-arbitration/. The Consumer Arbitration Minimum Standards are available at http://www.jamsadr.com/consumer-arbitration/. The arbitrator is bound by the terms of this Agreement.
(4) If either you or Otter Creek Productions, LLC, wants to arbitrate a claim, you or Otter Creek Productions, LLC, 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 Otter Creek Productions, LLC, Service to which the Notice relates, and the relief requested. Your Notice to the Otter Creek Productions, LLC, must be sent by mail to Arbitration Notice of Dispute, 2121 Avenue of the Stars, 7th Floor, Los Angeles, California, 90067. Otter Creek Productions, LLC, 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.
If you and we do not resolve the Dispute within 45 days, either you or we may initiate arbitration in accordance with the JAMS Rules. Further instructions on submitting a Demand for Arbitration may be found at http://www.jamsadr.com/files/Uploads/Documents/JAMS_Arbitration_Demand.pdf. In addition to filing this Demand for Arbitration with JAMS in accordance with its rules and procedures, you must send a copy of this completed Demand for Arbitration to Otter Creek Productions, LLC, at the address listed above to which you sent your Notice of Dispute.
(5) You and Otter Creek Productions, LLC, acknowledge and agree to abide by the following rules for arbitration: (a) YOU AND Otter Creek Productions, LLC, 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) Otter Creek Productions, LLC, will pay arbitration costs as required by the JAMS Consumer Arbitration Minimum Standards and consistent with paragraph 6 below; (c) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (d) each side pays his, her or its own attorneys’ fees, except as otherwise provided in paragraph 8 below.
(6) 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 Otter Creek Productions, LLC, you and Otter Creek Productions, LLC, acknowledge and agree to abide by the following:
(7) Regardless of how the arbitration proceeds, each of you and Otter Creek Productions, LLC, 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.
(8) Each of you and Otter Creek Productions, LLC, 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 to whatever rights you may have to recover your attorneys’ fees under applicable law, if you prevail in the arbitration, and if Otter Creek Productions, LLC, failed to make a settlement offer to you before the arbitration or the amount you win is at least 25% greater than Otter Creek Productions, LLC’s, highest settlement offer, then Otter Creek Productions, LLC, will pay your reasonable attorneys’ fees in addition to the amount the arbitrator awarded. If Otter Creek Productions, LLC, wins the arbitration, you will be responsible for your own attorneys’ fees. In addition, if the arbitrator, at the request of the winning party, finds that the losing party brought a claim or asserted a defense frivolously or for an improper purpose, then regardless of the amount in dispute, the arbitrator must order the losing party to pay both sides’ arbitration fees and may order the losing party to pay the winning party’s reasonable attorneys’ fees, unless such an award of fees is prohibited by applicable law.
(9) The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. The arbitrator may not order Otter Creek Productions, LLC, to pay any monies to or take any actions with respect to persons other than you, unless Otter Creek Productions, LLC, explicitly consents in advance, after an arbitrator is selected, to permit the arbitrator to enter such an order. Further, unless Otter Creek Productions, LLC, expressly agrees, 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.
(10) You and Otter Creek Productions, LLC, 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, or unless otherwise required by law or court order.
(11) With the exception of subpart (a) in paragraph (5) (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 (5) 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 Otter Creek Productions, LLC, 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.
The 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 Otter Creek Productions, LLC, 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 Company Services. YOU HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT.
YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THIS AGREEMENT, pictionaryontv.com OR THE COMPANY SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER SUCH CAUSE OF ACTION ACCRUES. AFTER SUCH PERIOD, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
You agree to indemnify and hold Otter Creek Productions, LLC, its Otter Creek Productions, LLC, Affiliates, 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 misuse of pictionaryontv.com or the Company Services (including, without, limitation, any use of your account, whether or not authorized by you), your breach of this Agreement, your violation of any rights of another or any Content that you Transmit through the Company Services.
Otter Creek Productions, LLC, does not knowingly accept, via the Company Services or otherwise, unsolicited submissions including, without limitation, submissions by you of blog ideas, articles, scripts, story lines, fan fiction, characters, drawings, information, suggestions, proposals, ideas or concepts. Otter Creek Productions, LLC, requests that you do not make any unsolicited submissions. Any similarity between an unsolicited submission and any elements in any Otter Creek Productions, LLC, or Affiliated Otter Creek Productions, LLC, creative work including, without limitation, a film, series, story, title or concept would be purely coincidental. If you do send any submissions to Otter Creek Productions, LLC, via the Company Services that are unsolicited (including but not limited to any Forum), however, you agree that (i) your unsolicited submissions are not being made in confidence or trust and that by making such submissions no contractual or fiduciary relationship is created between you and Otter Creek Productions, LLC; (ii) any such unsolicited submissions and copyright become the property of and will be owned by Otter Creek Productions, LLC (and are not User Content licensed by you to Otter Creek Productions, LLC, under “Your Proprietary Rights in and License to Your User Content”) and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as Otter Creek Productions, LLC, 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 Otter Creek Productions, LLC, or Otter Creek Productions, LLC, Affiliates relating to any unsolicited submissions by you, including, without limitation, unfair competition, breach of implied contract or breach of confidentiality.
Otter Creek Productions, LLC, may, from time to time, post Otter Creek Productions, LLC, employment opportunities on the Company Services and/or invite users to submit resumes to it. If you choose to submit your name, contact information, resume and/or other personal information to Otter Creek Productions, LLC, in response to employment listings, you are authorizing Otter Creek Productions, LLC, to utilize this information for all lawful and legitimate hiring and employment purposes. Otter Creek Productions, LLC, also reserves the right, at its sole discretion, to forward the information you submit to its Otter Creek Productions, LLC, Affiliates for legitimate business purposes. Nothing in this Agreement or contained in the Company Services will constitute a promise by Otter Creek Productions, LLC, to contact, interview, hire or employ any individual who submits information to it, nor will anything in this Agreement or contained in the Company Services constitute a promise that Otter Creek Productions, LLC, will review any or all of the information submitted to it by users of the Company Services.
The failure of Otter Creek Productions, LLC, 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 Otter Creek Productions, LLC, may be required by Applicable Law to send to you will be effective upon Otter Creek Productions, LLC’s, sending an e-mail message to the e-mail address you have on file with Otter Creek Productions, LLC, or publishing such notices on the informational page(s) of pictionaryontv.com.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Otter Creek Productions, LLC, as a result of this Agreement or your use of the Company Services. A printed version of this Agreement and of any notice related to it shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent as other business documents and records originally generated and maintained in printed form.
Nothing contained in this Agreement limits Otter Creek Productions, LLC’s, right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Company Services or information provided to or gathered by us in connection with such use.
Please contact us at: Terms-FFR@fox.com with any questions regarding this Agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.