Terms of Use Policy
*Updated May 14, 2021
IMPORTANT: PLEASE BE ADVISED THAT THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS BETWEEN YOU AND TATER AND ONION CAN BE BROUGHT, INCLUDING THE ARBITRATION AGREEMENT (SEE SECTION 15 BELOW). PLEASE REVIEW THE ARBITRATION AGREEMENT BELOW CAREFULLY, AS IT REQUIRES YOU TO RESOLVE ALL DISPUTES WITH TATER AND ONION ON AN INDIVIDUAL BASIS AND, WITH LIMITED EXCEPTIONS, THROUGH FINAL AND BINDING ARBITRATION (AS DESCRIBED IN SECTION 15 BELOW). BY ENTERING INTO THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
1. DESCRIPTION OF COMPANY SERVICES AND ACCEPTANCE OF TERMS OF USE INCLUDING ARBITRATION OF DISPUTES
Tater & Onion Media LLC (“Tater and Onion”, “Company”, “we”, or “us”) provides an online video service which gives users the opportunity to select from various offerings of on-demand programming, including television shows, movies, music, clips, and other content.
As used in these Terms of Use, ("Company Services,” "our service," "the service," or “the Site”) means the personalized service provided by Tater and Onion for discovering and watching Tater and Onion content, including all features and functionalities, recommendations and reviews, the website, and user interfaces, as well as all content and software associated with our service. To access the Company Services, you will need to use a TV, computer, mobile device, streaming media player or other devices that meet the system and compatibility requirements that we establish from time to time ("Tater and Onion Ready Devices"). The Company Services are offered through a variety of “Access Points”. The term “Access Points” refers to, collectively, the taterandonion.com website, applications, and other places where any Company Services are available. The Company Services contain information, text, files, images, video, sounds, musical works, works of authorship, software, applications, product names, company names, trade names, logos, designs, and any other materials or content (collectively, “Content”) of Company, its licensors, or assignors (“Company Content”), as well as Content provided by users or other third parties.
Company is based in the United States and the Company Services are hosted in the United States. Company is a part of the United States based operations of Tater & Onion Media LLC.
Company furnishes the Site and the Company Services for your personal enjoyment and entertainment. By visiting the Site (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”). Use of the Company Services (including access to the Content) is subject to compliance with these Terms which incorporate by reference our Privacy Policy available at taterandonion.com/privacy ("Privacy Policy"). Please read through this Agreement carefully. Company may modify this Agreement at any time, and each such modification will be effective upon posting on the Site. All material modifications will apply prospectively only. Your continued use of the Site 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.
2. REGISTRATION AND SECURITY
You take full responsibility for your participation on the Site. As a condition of using certain features of the Site, you are required to register on the Site and 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. Company 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 may register to join the Company Services directly via the Service or by logging into your account with a third party social networking service (“SNS”) via our Service (e.g., Facebook, Apple and other third party services that let you sign in using your existing credentials with those services). Personal Information provided by the SNS will be used by T&O to register an account. Details can be found in the Privacy Policy: https://www.taterandonion.com/privacy.
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 user at any time and not to allow any other person to use your account. To maintain control over the account and prevent anyone from accessing the account (which could include information on viewing history for the account), the account owner should maintain control over the Tater and Onion Ready Devices that are used to access the service and not reveal the password or details of the payment method associated to the account to anyone. Your account is not transferable. You agree to notify Company immediately if you suspect any unauthorized use of, or access to, your account or password; and Company reserves the right to change any user name or url related to the Site and/or any other Company website and/or mobile application at any time for any or no reason without prior notice.
2.1. AGE LIMITATIONS
The Company Services are not intended to be used by children without involvement and approval of a parent or guardian. If you are under the age of 13, you are not permitted to register with Tater and Onion or provide your personal information to Tater and Onion. If you are at least 13 and under 18 years of age (or under the applicable age of majority in your state or territory of residence), you may register with Tater and Onion, but only if you have the consent of your parent or guardian, including consent to these Terms on your behalf, and for clarity, you may only modify an account, or associated profiles, with the consent of your parent or guardian. Please note that you must be at least 18 years of age in order to purchase certain Services.
3. ACCESS
The Site is intended solely for your personal and non-commercial use. Company may change, suspend or discontinue the Site (or any feature thereof) at any time. Company may also impose limits on certain features and services offered on the Site or restrict your access to parts or all of the Site without notice or liability. You acknowledge that from time to time the Site may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which Company may undertake from time to time; or (iii) causes beyond the control of Company or which are not reasonably foreseeable by Company.
The availability of the Content, as well as Access Points and compatible devices through which the Services are available, will change from time to time. The Company reserves the right to replace or remove any Content and Access Points available to you through the Services, including specific titles and networks/channels, and to otherwise make changes in how we operate the Services. The Company Service is developed by, or for, Tater and Onion and may solely be used for authorized streaming and viewing of content from Tater and Onion through Tater and Onion ready devices. This Service may vary by device and medium, and functionalities may also differ between devices. By using our service, you agree to receive, without further notice or prompting, updated versions of the Tater and Onion and related third-party software. If you do not accept the foregoing terms, do not use our service.
By using our service, you agree to look solely to the entity that manufactured and/or sold you the Tater and Onion Ready Device for any issues related to the device and its compatibility with the Tater and Onion service. We do not take responsibility or otherwise warrant the performance of Tater and Onion Ready Devices, including the continued compatibility with our service.
4. TERMINATION
Unless terminated by Company in its sole discretion, this Agreement remains in full force and effect while you use the Company Services. You may terminate your account, if any, on the Site at any time, for any reason, by emailing us with your request at:
contact@taterandonion.com
Subject: Terms of Use Agreement. Company may terminate your account and/or access to the Company Services at any time, for any or no reason, with or without prior notice or explanation, and shall have no liability to you for such termination. Even after your user account or access to the Company Services is terminated by you or by Company, this Agreement will remain in effect with respect to your past and future use of the Site or the Company Services. Any rights to your account terminate upon your death. Refund information can be found in Section 5.5.
5. PURCHASING SITE SERVICES OR PRODUCTS
5.1. FEES
Certain Services and features are only offered under a paid subscription”, and certain Service content is only offered for payment. You agree to pay whatever fees and other charges are presented to you when you subscribe to a paid subscription or paid Service content (collectively, the "Fees"). If the payment plan is on a recurring-subscription basis, you agree to pay the Fees in accordance with the applicable billing cycle ("Billing Cycle"). Subscriptions of indefinite duration last as long as they have not been terminated by the user or by the Company under the conditions of these terms. Fixed-term subscriptions are tacitly renewable for successive periods, each of the same duration as the initial period.
5.2. PAYMENT METHODS AND PROCESSING
In connection with a purchase of any service, subscription or product on or through the Site (“Site Product”), you may be required to provide personal information, including your name, address, telephone number, e-mail address, credit card and billing information (collectively, "Personal Financial Information”), to an independent third party selected by, but not affiliated with, Company (the “Processor”). Where the Processor is responsible for collecting, transmitting and/or processing your Personal Financial Information and, in some instances, for fulfilling your order, all payment obligations for Site Products shall be governed by the terms of use/service and privacy policy(ies) of the Processor. If you make a purchase from or through the Site, you are warranting that you are authorized to make the purchase using the form of payment that you provide to the Processor. You must be 18 years of age or older to purchase a Site Product.
If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the service until we have successfully charged a valid payment method. Tater and Onion reserves the right to impose late fees equal to the lesser of (a) 1.5% of the unpaid balance per Billing Cycle, or the highest rate permitted by applicable law, determined and compounded daily from the date due until the date paid (“Late Fees”). You will reimburse any costs or expenses (including without limitation collections and attorneys' fees) incurred by Tater and Onion to collect any amount that is not paid when due. Fees due from you under this agreement may not be withheld or offset by You against other amounts due to You for any reason. If you fail to timely pay any Fees due under this agreement, Tater and Onion may, without limiting any of its other rights or remedies, refer your account to a third-party collections agency, report delinquent Fees to credit reporting agencies, and suspend performance of any or all Services.
5.3. PAYMENTS FOR MOBILE SERVICE APPLICATION
The Company Service is available for purchase as a mobile service application (“App”). Payments may be processed via the relevant App marketplace. If the Company Service is purchased through an App marketplace, the App store acts as the Processor. Payment Processing is done in accordance with the App marketplace policy, otherwise payments are processed as previously described in section 5.2.
The Streaming Service is currently available for purchase through Google Play and the Apple Store. The Apple Store terms and conditions can be found here: Apple Store Terms under Subscriptions. Google Play terms can be found here: Google Play Terms.
5.4. CHANGES TO THE PRICE AND SUBSCRIPTION PLANS
We reserve the right to change our subscription plans or adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms of Use, any price changes or changes to your subscription plan will take effect following notice to you.
Company makes no warranty, and to the fullest extent provided by law, accepts no liability for any loss or damages whatsoever, relating to or in connection with your placement of an order for a Site Product with the Processor. Company provides no refunds for, makes no warranty for, and to the fullest extent provided by law, accepts no liability regarding purchases you make on or through the Site. You are solely responsible for any and all transactions utilizing your Personal Financial Information, including, but not limited to, any and all charges. You acknowledge and agree that in the event Processor experiences a data breach that affects your Personal Financial Information, Company will in no way be responsible or liable to you for any such breach.
The Company will not store any record of Personal Financial Information related to purchases or other transactions you make through the Company Services. You should therefore maintain records of all your transactions. If you have any questions regarding your transactions or believe that there is an error or unauthorized transaction or activity associated with transactions utilizing your Personal Financial Information, you must contact the Processor.
5.5. CANCELLATION AND REFUNDS
You can cancel the Company Services at any time. For Services purchased through an App marketplace, the Service must be cancelled through the app store (i.e. Apple Store or Google Play). Refunds are permissible in accordance with their refund policy, otherwise refunds are permissible in accordance within this section. Accept as stated in those policies, all Fees are non-refundable and non-cancellable. Once you have cancelled your Service and received confirmation, no other changes can be made to your account. The cancellation of the Service will go into effect at the end of your current billing cycle, and you will have the same level of access to the Company Service through the remainder of such billing cycle. For example, if you are billed on a monthly basis and cancel during a given month, you will be charged for the entirety of that month and maintain access to the Service through the end of that month.
6. LIMITED CONTENT LICENSE
• The Company Services are offered for your personal use only and may not be used for commercial purposes.
• Content contained in the Company Services is protected by copyright, trademark, patent, trade secret and other laws and, as between you and Company, Company, its licensors, or its assignors, own and retain all rights in the Company Content.
• Company hereby grants you a limited, revocable, nonsublicensable license to access and display or perform the Company Content (excluding any software code) solely for your personal, non-commercial use in connection with using the Company Services.
6.1. PROHIBITIONS
• 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.
• Derivative Works Prohibited:
o Except as explicitly and expressly permitted by the Company or by the limited license set forth above, you are strictly prohibited from creating works or materials (including but not limited to fonts, icons, link buttons, wallpaper, desktop themes, on-line postcards, montages, mash-ups and similar videos, greeting cards and unlicensed merchandise) that derive from or are based on the Company Content. This prohibition applies regardless of whether such derivative works or materials are sold, bartered or given away.
• 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 the Company Services, including geo-filtering mechanisms.
• Except as necessary in order to refer to the Company, its products and services in a purely descriptive capacity, you are expressly prohibited from using any Company Content in any manner.
• You may not, without the Company’s 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. Company reserves the right, in its sole discretion, to terminate your access to the Site, or any portion thereof, at any time, for any reason or for no reason at all, without prior notice or any notice.
7. RESTRICTIONS ON USE OF COMPANY SERVICES
You agree not to use the Company Services to:
• Violate the rights of others including patent, trademark, trade secret, copyright, privacy, publicity or other proprietary rights;
• Harass or harm another person;
• Exploit or endanger a minor;
• Impersonate or attempt to impersonate any person or entity;
• Introduce or engage in activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of or access to a computer or a computer network;
• Attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising the Site or the Company Services;
• Interfere with, damage, disable, disrupt, impair, create an undue burden on, or gain unauthorized access to the Company Services, including Company’s servers, networks or accounts;
• Cover, remove, disable, block or obscure advertisements or other portions of the Company Services;
• Delete or revise any information provided by or pertaining to any other user of the Company Services;
• Use technology or any automated system such as scripts, spiders, offline readers or bots in order to collect or disseminate usernames, passwords, email addresses or other data from the Company Services, or to circumvent or modify any security technology or software that is part of the Company Services;
• Solicit, collect or request any personal information for commercial or unlawful purposes;
• Engage in commercial activity (including but not limited to advertisements or solicitations of business; sales; contests; sweepstakes; creating, recreating, distributing or advertising an index of any significant portion of the Company Content; or building a business using the Company Content) without Company’s prior written consent;
• Use technology or other means to access, index, frame, or link to the Site (including the Content) that is not authorized by the Site (including by removing disabling, bypassing, or circumventing any content protection or access control mechanisms intended to prevent the unauthorized download, stream capture, linking, framing, reproduction, access to, or distribution of Company Content);
• Access the Site (including the Content) through any automated means, including “robots,” “spiders,” or “offline readers” (other than by individually performed searches on publicly accessible search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices – but not caches or archives – of the Site and excluding those search engines or indices that host, promote, or link primarily to infringing or unauthorized content;
• Use the Company Services to advertise or promote competing services;
• Use the Company Services in a manner inconsistent with any and all Applicable Law;
• Attempt, facilitate, induce, aid and abet, or encourage others to do any of the foregoing.
You acknowledge, consent and agree that Company may access, preserve or disclose information you provide to the Site, including your account registration information, including when Company has a good faith belief that such access, preservation or disclosure is necessary in order to: (i) protect, enforce, or defend the legal rights, privacy, safety, or property of Company, our parents, subsidiaries or affiliates (“Company Affiliates”), or their employees, agents and contractors (including enforcement of this Agreement or our other agreements); (ii) protect the safety, privacy, and security of users of the 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 Company sells all or part of its business or makes a sale or transfer of its assets or is otherwise involved in a merger or transfer of all or a material part of its business, Company may transfer your information to the party or parties involved in the transaction as part of that transaction.
8. THIRD PARTY LINKS AND SERVICES
The Company Services may provide, or third parties may provide, links to other websites, applications, resources or other services created by third parties (“Third Party Services”). This may include the opportunity for you to link your Tater and Onion account with Third Party Services. When you engage with a provider of a Third Party Service, you are interacting with the third party, not with Company. If you choose to use a Third Party Service and share information with it, the provider of the Third Party Service may use and share your data in accordance with its privacy policy and your privacy settings on such Third Party Service. Company encourages you not to provide any personally identifiable information to or through any Third Party Service unless you know and are comfortable with the party with whom you are interacting. In addition, the provider of the Third Party Service may use other parties to provide portions of the application or service to you, such as technology, development or payment services. Company is not responsible for and makes no warranties, express or implied, as to the Third Party Services or the providers of such Third Party Services (including, but not limited to, the accuracy or completeness of the information provided by such Third Party Service or the privacy practices thereof). Inclusion of any Third Party Service or a link thereto on the Company Services does not imply approval or endorsement of the Third Party Service. Company is not responsible for the content or practices of any websites or mobile applications other than the Site, even if the website or mobile application links to the Site and even if it is operated by a Company Affiliate or a company otherwise connected with the Site. By using the Company Services, you acknowledge and agree that Company is not responsible or liable to you for any content or other materials hosted and served from any website or mobile application other than the Site. When you access Third Party Services, you do so at your own risk.
9. MEMBER DISPUTES
You are solely responsible for your interactions with other users of the Site and the Company Services, providers of Third Party Services or any other parties with whom you interact on, through or in connection with the Company Services. Company reserves the right, but has no obligation, to become involved in any way with any disputes between you and such parties.
10. PRIVACY
Use of the Company Services is also governed by our Privacy Policy, is incorporated into and is a part of this Agreement by this reference.
11. DISCLAIMERS
THE COMPANY SERVICES ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND COMPANY 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, COMPANY EXPRESSLY DISCLAIMS ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND WARRANTIES IMPLIED FOR A COURSE OF PERFORMANCE OR COURSE OF DEALING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COMPANY MAKES NO WARRANTY THAT YOUR USE OF THE 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 THIRD PARTY ADVERTISEMENTS) WILL BE ACCURATE, RELIABLE, TIMELY OR COMPLETE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COMPANY WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF DATA, PROPERTY DAMAGE, PERSONAL INJURY OR DEATH) RESULTING FROM USE OF THE COMPANY SERVICES, PROBLEMS OR TECHNICAL MALFUNCTION IN CONNECTION WITH USE OF THE COMPANY SERVICES, ATTENDANCE AT A COMPANY EVENT, ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED IN CONNECTION WITH THE COMPANY SERVICES, 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 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. COMPANY DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE COMPANY SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. COMPANY SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS, TATER AND ONION READY DEVICES (INCLUDING THEIR CONTINUING COMPATIBILITY WITH OUR SERVICE).
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. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ASSUME RESPONSIBILITY FOR THE ENTIRE COST OF ANY MAINTENANCE, REPAIR OR CORRECTION TO YOUR COMPUTER SYSTEM OR OTHER PROPERTY OR RECOVERY OR RECONSTRUCTION OF LOST DATA NECESSITATED BY YOUR USE OF THE COMPANY SERVICES.
12. LIMITATION ON LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COMPANY 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, COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE COMPANY SERVICES DURING THE TERM OF YOUR USE OF THE COMPANY SERVICES.
YOU ACKNOWLEDGE AND AGREE THAT ANY DAMAGES YOU INCUR ARISING OUT OF COMPANY’S ACTS OR OMISSIONS OR YOUR USE OF THE SITE OR THE COMPANY SERVICES ARE NOT IRREPARABLE AND ARE INSUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING THE AVAILABILITY OF OR ANY PERSON’S ABILITY TO ACCESS ANY PORTION OF THE SITE OR THE COMPANY SERVICES.
THE LIMITATIONS IN THIS SECTION APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
13. UNITED STATES JURISDICTION
Company provides the Company Services in the United States of America. Company does not represent that the Company Content or the Company Services are appropriate (or, in some cases, available) for use in other locations. If you use the Site 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 the Site or the Company Services.
Not all of the Site Products are available worldwide or nationwide, and Company 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.
14. 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.
15. ARBITRATION AGREEMENT
(1) Company, including its Company Affiliates, agents, employees, predecessors in interest, successors, and assigns, and you agree that any Dispute (as defined herein) between you and Company, regarding any aspect of your relationship with Company, will be resolved in a binding, confidential, individual and fair arbitration process, and not in court. Each of you and Company agrees to give up the right to sue in court. The term “Dispute” is to be given the broadest possible meaning that will be enforced, and shall include any dispute, claim, demand, count, cause of action, or controversy between you and Company, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, or any other intentional tort), or any other legal or equitable theory. The term “Dispute” specifically includes, but is not limited to, any and all claims between you and Company in any way related to or concerning this Arbitration Agreement, any other aspect of these Terms of Use (including their applicability and their conformance to applicable law), any products or services provided by Company, any billing disputes, and any disputes relating to telephonic, text message, or any other communications either of us received from the other. The only exceptions to this Arbitration Agreement are that (i) each of you and Company retains the right to sue in small claims court so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis and (ii) each of you and Company may bring suit in court against the other to enjoin infringement or other misuse of intellectual property rights. Disputes over whether these exceptions apply shall be resolved by the court in which such action has been brought; all other disputes over arbitrability shall be resolved by the arbitrator. Each of you and Company also agrees to give up the ability to seek to represent, in a class action or otherwise, anyone but each of you and Company. There is no judge or jury in arbitration, and court review of an arbitration award is limited. An arbitrator must follow this Agreement. The arbitrator, however, can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief, or statutory damages).
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.
16. GOVERNING LAW
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 Company agree to submit to the exclusive jurisdiction of the courts located in New York, New York to resolve any Dispute arising out of the Agreement or the 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, THE SITE 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.
17. INDEMNITY
You agree to indemnify and hold Company, its Company 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 use or misuse of the Site 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.
18. UNSOLICITED SUBMISSIONS
Company 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. Company requests that you do not make any unsolicited submissions. Any similarity between an unsolicited submission and any elements in any Company or Affiliated Company creative work including, without limitation, a film, series, story, title or concept would be purely coincidental. If you do send any submissions to Company via the 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 Company; (ii) any such unsolicited submissions and copyright become the property of and will be owned by Company and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as Company sees fit; (iii) you are not entitled to any compensation, credit or notice whatsoever in connection with such submissions; and (iv) by sending an unsolicited submission you waive the right to make any claim against Company or Company Affiliates relating to any unsolicited submissions by you, including, without limitation, unfair competition, breach of implied contract or breach of confidentiality.
19. EMPLOYMENT OPPORTUNITIES
Company may, from time to time, post Company 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 Company in response to employment listings, you are authorizing Company to utilize this information for all lawful and legitimate hiring and employment purposes. Company also reserves the right, at its sole discretion, to forward the information you submit to its Company Affiliates for legitimate business purposes. Nothing in this Agreement or contained in the Company Services will constitute a promise by Company 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 Company will review any or all of the information submitted to it by users of the Company Services.
20. TRADEMARKS
Tater and Onion, the Tater and Onion logo, and other Tater and Onion marks, graphics, logos, scripts, and sounds are trademarks of Tater and Onion. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans included in the Company Services are the trademarks of their respective owners.
21. OTHER
The failure of Company to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right or provision. The Section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. Except as otherwise expressly provided herein, if any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
You agree that any notices the Company may be required by Applicable Law to send to you will be effective upon Company’s sending an e-mail message to the e-mail address you have on file with Company or publishing such notices on the informational page(s) of the Site.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Company as a result of this Agreement or your use of the 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 Company’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 contact@taterandonion.com with any questions regarding this Agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.