TERMS OF AGREEMENT
Last updated: March 2021
1. Your Relationship With Us
Welcome to the World’s Sexiest Physique Competition (the “Platform”), which is provided by i-World Productions. These are the Terms of Service Agreement for the World’s Sexiest Physique USA competition for participating delegates and fans.
In this document, the Terms of Agreement, collectively the World’s Sexiest Competition and i-World Productions will be referred to as “we” or “us”.
You are reading the terms of agreement (the “Terms”), which govern the relationship and serve as an agreement between you and us and set forth the terms and conditions by which you may access and use the Platform and our related websites, services, applications, products and content (collectively, the “Services”). Access to certain Services or features of the Services (such as, by way of example and not limitation, the ability to submit or share User Content (defined below)) is subject to age restrictions and not available to all users of the Services. Our Services are provided for the purposes of the World’s Sexiest Physique competition. For purposes of these Terms, “you” and “your” means you as the user of the Services.
The Terms form a legally binding agreement between you and us. Please take the time to read them carefully. If you are under age 18, you may only use the Services with the consent of your parent or legal guardian. Please be sure your parent or legal guardian has reviewed and discussed these Terms with you.
2. Changes to the Terms
We amend these Terms from time to time at our sole discretion, for instance when we update the functionality of our Services, when we combine multiple apps or services operated by us or our affiliates into a single combined service or app, or when there are regulatory changes. We will use commercially reasonable efforts to generally notify all users of any material changes to these Terms, such as through a notice on our Platform, however, you should look at the Terms regularly to check for such changes. We will also update the “Last Updated” date at the top of these Terms, which reflect the effective date of such Terms. Your continued access or use of the Services after the date of the new Terms will be deemed as irrevocable acceptance of these Terms as modified. If you do not agree to the new Terms, you must stop accessing or using the Services.
Customer service representatives are not authorized to modify these Terms or any Additional Terms, either verbally or in writing, and any such modification shall have no effect.
ARBITRATION NOTICE FOR USERS IN THE UNITED STATES: THESE TERMS CONTAIN AN ARBITRATION CLAUSE AND A WAIVER OF RIGHTS TO BRING A CLASS ACTION AGAINST US. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT ARBITRATION CLAUSE, YOU AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND WORLD’S SEXIEST PHYSIQUE COMPETITION WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
3. Accepting the Terms
If you are accessing or using the Services on behalf of a business or entity, then (a) “you” and “your” includes you and that business or entity, (b) you represent and warrant that you are an authorized representative of the business or entity with the authority to bind the entity to these Terms, and that you agree to these Terms on the entity’s behalf, and (c) your business or entity is legally and financially responsible for your access or use of the Services as well as for the access or use of your account by others affiliated with your entity, including any employees, agents or contractors.
You can accept the Terms by accessing or using our Services. You understand and agree that we will treat your access or use of the Services as acceptance of the Terms from that point onwards.
You should print off or save a local copy of the Terms for your records.
4. Eligibility, Registration and Accounts
The i-World Productions Services are for viewers in the United States (including its territories and possessions). You may not access or use the i-World Productions Services, or the applicable portion thereof, if you are outside of the United States (including its territories and possessions) or are barred from receiving the i-World Productions Services under these Terms or applicable law. Users that are under 18 years of age or who do not have legal capacity to enter into these Terms may not register for the i-World Productions Services or provide us with personal information.
The i-World Productions Services and any user names or passwords you use to access the i-World Productions Services (“Passwords”) are for personal, non-commercial use only. You may not transfer your account (including your subscription, if applicable) or Passwords to any other party. You are responsible for all use of your account, including the use of your account by other members of your household. If others use your account or Passwords (with or without your consent), you will be responsible for ensuring that they comply with these Terms. You are solely responsible for maintaining the security and confidentiality of your Passwords, and you agree to immediately notify us of any unauthorized use of your Passwords or other security breaches.
We have the right to suspend your account for any reason, including due to a violation of these Terms.
5. The i-World Productions Services
The i-World Productions Services are constantly evolving and may change over time. We may change, suspend or discontinue any or all aspects of the i-World Productions Services at any time for any reason without notice or liability to you. You acknowledge that you have no expectation of continued availability of the i-World Productions Services. We have the right to suspend or terminate access to the I-World Productions Services and your accounts on the I-World Productions Services, including if we reasonably believe that you have violated these Terms.
You can use the Services and the Platform via the World’s Sexiest Physique competition mobile apps (“App”) and via the World’s Sexiest Physique competition website (“Website”) and via the World’s Sexiest Physique Competition social media accounts which you can access using the links on the website or app. Certain functions are available only in the App. Further, not all Services or features may be available in your region. Different features may be available in different versions of the Services. Certain features are not available for users under a certain age.
The Services allow fans to consume content delegates and we have created for the competition. Delegates can create, publish and share short-form videos as covered in the rules and regulations.
Content Consumption: All Users of our services can consume content including videos of other users of the Services. In particular:
You can consume videos that other users have shared publicly or by users you follow.
The Service provides other ways to find content for you to consume, e.g. a list of other users’ videos on their profile, a search function, and division selection.
You can watch live streams of delegates during official competition live sessions.
Interactions with other users: Users must remain respectful at all times when using our platform. At our sole discretion, we may cancel your account if you are disrespectful when interacting with others or violating our terms of agreement in anyway.
You can interact with users’ content and other users. In particular:
Likes: You can like videos.
Comments: Subject to users’ settings, you can post comments on their videos.
Follows: You can follow users.
Vote: Fans can vote for their favorite delegates during official fan voting periods
The i-World Productions Services may include content and other materials supplied by you, the delegates, i-World Productions and third parties (“Content”). All rights to the content uploaded to the platform are owned us. Nothing grants you any rights in the i-World Productions Services or Content except as set forth in these Terms, including applicable Additional Terms. We grant you a limited, non-exclusive, non-transferable license to access and use the i-World Productions Services solely for personal and non-commercial uses. You acknowledge that Content is inherently subjective and the i-World Productions Services may include Content that you find offensive, indecent, explicit or objectionable (including, for example, if the Content contains outdated cultural references).
Content types, ratings, reviews, genres, categories, and descriptions are provided as suggestions to help navigation. We do not guarantee that you will agree with these suggestions.
Some aspects of the display of Content (for example, high definition for TV shows or movies and speed to initiate viewing) may vary from device to device and may be affected by factors such as your location, the configuration of your device and the speed of your internet connection. We make no representations or warranties about the quality of your viewing experience on your device or other display.
The i-World Productions Services may limit your viewing to a maximum number of simultaneous streams as more fully explained in the Help Center. We may change the maximum number of simultaneous streams of Content at any time in our sole discretion.
If you are susceptible to photosensitive epilepsy or other photo sensitivities, please be aware that some Content may contain flashing lights or sequences of patterns.
As between you and World’s Sexiest Physique Competition, all content, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music on and “look and feel” of the Services, and all intellectual property rights related thereto (the “World’s Sexiest Physique Competition Content”), are either owned or licensed by World’s Sexiest Physique Competition, it being understood that you or your licensors will own any User Content (as defined below) you upload or transmit through the Services. Use of the World’s Sexiest Physique Competition Content or materials on the Services for any purpose not expressly permitted by these Terms is strictly prohibited. Such content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any purpose whatsoever without our or, where applicable, our licensors’ prior written consent. We and our licensors reserve all rights not expressly granted in and to their content.
You acknowledge and agree that we may generate revenues, increase goodwill or otherwise increase our value from your use of the Services, including, by way of example and not limitation, through the sale of advertising, sponsorships, promotions, usage data and Gifts (defined below), and except as specifically permitted by us in these Terms or in another agreement you enter into with us, you will have no right to share in any such revenue, goodwill or value whatsoever. You further acknowledge that, except as specifically permitted by us in these Terms or in another agreement you enter into with us, you (i) have no right to receive any income or other consideration from any User Content (defined below) or your use of any musical works, sound recordings or audiovisual clips made available to you on or through the Services, including in any User Content created by you, and (ii) are prohibited from exercising any rights to monetize or obtain consideration from any User Content within the Services or on any third party service ( e.g. , you cannot claim User Content that has been uploaded to a social media platform such as YouTube for monetization).
Subject to the terms and conditions of the Terms, you are hereby granted a non-exclusive, limited, non-transferable, non-sublicensable, revocable, worldwide license to access and use the Services, including to download the Platform on a permitted device, and to access the World’s Sexiest Physique Competition Content solely for your personal, non-commercial use through your use of the Services and solely in compliance with these Terms. World’s Sexiest Physique Competition reserves all rights not expressly granted herein in the Services and the World’s Sexiest Physique Competition Content. You acknowledge and agree that World’s Sexiest Physique Competition may terminate this license at any time for any reason or no reason.
NO RIGHTS ARE LICENSED WITH RESPECT TO SOUND RECORDINGS THAT ARE MADE AVAILABLE FROM OR THROUGH THE SERVICE.
You acknowledge and agree that when you view content provided by others on the Services, you are doing so at your own risk. The content on our Services is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Services.
We make no representations, warranties or guarantees, whether express or implied, that any World’s Sexiest Physique Competition Content (including User Content) is accurate, complete or up to date. Where our Services contain links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. You acknowledge that we have no obligation to pre-screen, monitor, review, or edit any content posted by you, delegates and other users on the Services (including User Content).
8. User-Generated Content
Users of the Services may be permitted to upload, post or transmit (such as via a stream) or otherwise make available content through the Services including, without limitation, any text, photographs, user videos, sound recordings and the musical works embodied therein, including videos that incorporate locally stored sound recordings from your personal music library and ambient noise (“User Content”). The views expressed by other users on the Services do not represent our views or values.
Whenever you access or use a feature that allows you to upload or transmit User Content through the Services (including via certain third party social media platforms such as Instagram, Facebook, YouTube, Twitter), or to make contact with other users of the Services, you must comply with the standards set out at “Your Access to and Use of Our Services” above. You may also choose to upload or transmit your User Content, including User Content that includes World’s Sexiest Physique Competition Elements, on sites or platforms hosted by third parties. If you decide to do this, you must comply with their content guidelines as well as with the standards set out at “Your Access to and Use of Our Services” above. As noted above, these features may not be available to all users of the Services, and we have no liability to you for limiting your right to certain features of the Services.
You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
Any User Content will be considered non-confidential and non-proprietary. You must not post any User Content on or through the Services or transmit to us any User Content that you consider to be confidential or proprietary. When you submit User Content through the Services, you agree and represent that you own that User Content, or you have received all necessary permissions, clearances from, or are authorized by, the owner of any part of the content to submit it to the Services, to transmit it from the Services to other third-party platforms, and/or adopt any third-party content.
If you only own the rights in and to a sound recording, but not to the underlying musical works embodied in such sound recordings, then you must not post such sound recordings to the Services unless you have all permissions, clearances from, or are authorized by, the owner of any part of the content to submit it to the Services
You or the owner of your User Content still own the copyright in User Content sent to us, but by submitting User Content via the Services, you hereby grant us an unconditional irrevocable, non-exclusive, royalty-free, fully transferable, perpetual worldwide license to use, modify, adapt, reproduce, make derivative works of, publish and/or transmit, and/or distribute and to authorize other users of the Services and other third-parties to view, access, use, download, modify, adapt, reproduce, make derivative works of, publish and/or transmit your User Content in any format and on any platform, either now known or hereinafter invented.
You further grant us a royalty-free license to use your username, image, voice, and likeness to identify you as the source of any of your User Content; provided, however, that your ability to provide an image, voice, and likeness may is subject to limitations due to age restrictions.
For the avoidance of doubt, the rights granted in the preceding paragraphs of this Section include, but are not limited to, the right to reproduce sound recordings (and make mechanical reproductions of the musical works embodied in such sound recordings), and publicly perform and communicate to the public sound recordings (and the musical works embodied therein), all on a royalty-free basis. This means that you are granting us the right to use your User Content without the obligation to pay royalties to any third party, including, but not limited to, a sound recording copyright owner (e.g., a record label), a musical work copyright owner (e.g., a music publisher), a performing rights organization (e.g., ASCAP, BMI, SESAC, etc.) (a “PRO”), a sound recording PRO (e.g., SoundExchange), any unions or guilds, and engineers, producers or other royalty participants involved in the creation of User Content.
Specific Rules for Musical Works and for Recording Artists. If you are a composer or author of a musical work and are affiliated with a PRO, then you must notify your PRO of the royalty-free license you grant through these Terms in your User Content to us. You are solely responsible for ensuring your compliance with the relevant PRO’s reporting obligations. If you have assigned your rights to a music publisher, then you must obtain the consent of such music publisher to grant the royalty-free license(s) set forth in these Terms in your User Content or have such music publisher enter into these Terms with us. Just because you authored a musical work (e.g., wrote a song) does not mean you have the right to grant us the licenses in these Terms. If you are a recording artist under contract with a record label, then you are solely responsible for ensuring that your use of the Services is in compliance with any contractual obligations you may have to your record label, including if you create any new recordings through the Services that may be claimed by your label.
Through-To-The-Audience Rights. All of the rights you grant in your User Content in these Terms are provided on a through-to-the-audience basis, meaning the owners or operators of third-party services will not have any separate liability to you or any other third party for User Content posted or used on such third party service via the Services.
Waiver of Rights to User Content. By posting User Content to or through the Services, you waive any rights to prior inspection or approval of any marketing or promotional materials related to such User Content. You also waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with your User Content, or any portion thereof. To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any and all moral rights, or to support, maintain or permit any action based on any moral rights that you may have in or with respect to any User Content you Post to or through the Services.
We also have the right to disclose your identity to any third party who is claiming that any User Content posted or uploaded by you to our Services constitutes a violation of their intellectual property rights, or of their right to privacy.
We, or authorized third parties, reserve the right to cut, crop, edit or refuse to publish, your content at our or their sole discretion. We have the right to remove, disallow, block or delete any posting you make on our Services if, in our opinion, your post does not comply with the content standards set out at “Your Access to and Use of Our Services” above. In addition, we have the right – but not the obligation – in our sole discretion to remove, disallow, block or delete any User Content (i) that we consider to violate these Terms, or (ii) in response to complaints from other users or third parties, with or without notice and without any liability to you. As a result, we recommend that you save copies of any User Content that you post to the Services on your personal device(s) in the event that you want to ensure that you have permanent access to copies of such User Content. We do not guarantee the accuracy, integrity, appropriateness or quality of any User Content, and under no circumstances will we be liable in any way for any User Content. Content you post is made publicly available on the Services to all other users of the Services.
We accept no liability in respect of any content submitted by users and published by us or by authorized third parties.
If you wish to file a complaint about information or materials uploaded by other users, contact us at: https://www.WorldsSexiestPhysique.com/legal.
World’s Sexiest Physique Competition takes reasonable measures to expeditiously remove from our Services any infringing material that we become aware of. It is the World’s Sexiest Physique Competition’s policy, in appropriate circumstances and at its discretion, to disable or terminate the accounts of users of the Services who repeatedly infringe copyrights or intellectual property rights of others.
While our own staff is continually working to develop and evaluate our own product ideas and features, we pride ourselves on paying close attention to the interests, feedback, comments, and suggestions we receive from the user community. If you choose to contribute by sending us or our employees any ideas for products, services, features, modifications, enhancements, content, refinements, technologies, content offerings (such as audio, visual, games, or other types of content), promotions, strategies, or product/feature names, or any related documentation, artwork, computer code, diagrams, or other materials (collectively “Feedback”), then regardless of what your accompanying communication may say, the following terms will apply, so that future misunderstandings can be avoided. Accordingly, by sending Feedback to us, you agree that:
World’s Sexiest Physique Competition has no obligation to review, consider, or implement your Feedback, or to return to you all or part of any Feedback for any reason.
Feedback is provided on a non-confidential basis, and we are not under any obligation to keep any Feedback you send confidential or to refrain from using or disclosing it in any way.
You irrevocably grant us perpetual and unlimited permission to reproduce, distribute, create derivative works of, modify, publicly perform (including on a through-to-the-audience basis), communicate to the public, make available, publicly display, and otherwise use and exploit the Feedback and derivatives thereof for any purpose and without restriction, free of charge and without attribution of any kind, including by making, using, selling, offering for sale, importing, and promoting commercial products and services that incorporate or embody Feedback, whether in whole or in part.
9. Subscriptions and Fees
We provide some of the i-World Productions Services to you free of charge, while other i-World Productions Services require you to sign up for a subscription and pay a subscription fee and applicable taxes (the “i-World Productions Subscription Services”). Unless otherwise stated on your sign-up page, if you sign up for a subscription, you agree that your subscription may be automatically renewed (subject to applicable law) for another subscription period of equal length (for example, monthly or annually) and at the then-current price for such subscription. You acknowledge that billing may not occur on the same date of each month, depending on when you signed up for the i-World Productions Services. By way of example, if you sign up for a monthly subscription on May 31, you will be billed on/near June 30, July 31, etc.). We reserve the right to change the terms of your subscription, including price, from time to time. We will attempt to give you advance notice of any such price changes prior to the next billing cycle, but we will not be able to notify you of any changes in applicable taxes. If you do not wish to accept a price change, you may cancel your subscription in accordance with these Terms.
a. Payment Method.
When you provide payment information, you represent and warrant that the information is accurate and that you are authorized to use the payment method provided. You acknowledge that we may process an authorization hold using your payment information in order to verify the information provided. You are responsible for keeping your payment details up-to-date by changing the details in your account settings. Where your details change or are due to expire, we may obtain or receive from your payment provider updated payment details including your card number, expiration date and CVV (or equivalent). You authorize us to continue to charge your card using the updated information so that you can continue to receive the i-World Productions Subscription Services.
If you do not pay any fees when due (for example, due to credit card expiration or insufficient funds), we may suspend or terminate your access to the i-World Productions Subscription Services. We also reserve the right to pursue any amounts you fail to pay in connection with your subscription, including collection costs, bank overdraft fees, collection agency fees, reasonable attorneys’ fees, and arbitration or court costs. If you enter into a new transaction for the i-World Productions Subscription Services, including to restart your subscription, you agree that we may charge your payment method on file for the applicable subscription fees (and applicable taxes).
b. Cancellations and Refunds.
You may cancel your subscription to the i-World Productions Subscription Services at any time before the end of the current billing period, Trial Period (as defined below), or Bundle Period (as defined below) by logging in to your account and following the cancellation instructions. Subscription purchases are non-refundable, have no monetary value (for example, they are not a cash account or equivalent), and are purchases of only a non-exclusive, revocable, non-assignable and non-transferable right to use the i-World Productions Subscription Services.
You may not transfer, sell, purchase, barter, or trade your subscriptions or attempt or offer to do so. Any attempted transfer will be null and void. Except as may be set forth in Additional Terms or as required by applicable law, we are not responsible for any refunds or credits in connection with any modified, suspended or terminated subscriptions.
c. Promotional Codes.
Promotional codes for certain i-World Productions Subscription Services or Content may be available, including as part of promotions or Bundles (as defined below) offered by third parties. You may redeem promotional codes and Bundles according to the rules for that promotion or Bundle. Promotional codes can only be used once, cannot be redeemed for cash, and may not be combined with other offers. If you received a promotional code through an offer by a third party, additional conditions may apply.
d. Trial Periods.
Subscriptions to the i-World Productions Subscription Services may begin on a limited free trial basis for a specified period (a “Trial Period”), which may be subject to Additional Terms. We have sole discretion to determine your eligibility for Trial Periods. If you are required to provide payment information in connection with your Trial Period, your first payment will be charged to your chosen payment method following the expiration of the Trial Period, unless earlier terminated in accordance with these Terms. You may not receive a separate notice that your free trial is about to end or has ended, or that your paid subscription has begun.
i-World Productions Subscription Services may be offered as a bundle with third-party products, services or other offers (a “Bundle”) for a specified period (a “Bundle Period”) in accordance with applicable terms. We are not responsible for the products and services provided by such third parties. Bundles will be subject to Additional Terms, including those provided by such third parties. We have sole discretion to determine your eligibility for a Bundle and may limit your opportunity to participate in multiple Bundles. Your chosen payment method will be charged the then-current monthly fee for the I-World Productions Subscription Services included in your Bundle following the expiration of the Bundle Period, unless earlier terminated in accordance with the terms herein. You may not receive a separate notice that your Bundle Period is about to end or has ended, or that your subscription for the applicable i-World Productions Subscription Services has begun.
f. Temporary Downloads.
Some of the i-World Productions Subscription Services may provide you functionality to temporarily download Content to your device for off-line viewing within the i-World Productions Services, for instance within the i-World Productions mobile application. If your subscription permits temporary downloads, you acknowledge that (i) you have no right to distribute such Content or view or otherwise use such Content through any means other than the i-World Productions Services, (ii) downloads may be subject to limitations, which may change from time to time, including with respect to Content type and amount, device limitations, accessibility of temporary downloads, and geographic restrictions on playback, (iii) i-World Productions makes no guarantee that the Content will be available off-line. For the avoidance of doubt, downloaded Content will no longer be available to you if you terminate or change your subscription to a subscription that does not permit temporary downloads.
10. Wireless and Location-Based Features
a. Wireless Features.
The i-World Productions Services may offer certain features and services that are available via your wireless device, such as the ability to access certain features, or download applications to your wireless device (collectively, “Wireless Features”). Your carrier may prohibit or restrict certain Wireless Features, certain Wireless Features may be incompatible with your carrier or wireless device, and your carrier may charge you fees based on your use of the Wireless Features. We are not responsible for any charges from your carrier or other third parties. If you register for or use any Wireless Features, you agree that (i) we may send communications to your device regarding us or other parties in connection with those Wireless Features, and (ii) you will update your account on the i-World Productions Services to notify us of any changes to your contact information.
b. Location-Based Features; Availability of Content.
The availability of Content on the I-World Productions Services may change from time to time and from place to place. Some i-World Productions Services may not function without access to location information, and we will not be liable to you for limitations or restrictions on access to Content, including any blackouts, location or device-based limitations, Content-viewing windows, or other limitations regarding availability of Content to you.
11. Prohibited Actions
You may not use the i-World Productions Services in violation of any applicable laws or regulations. Except as expressly authorized by i-World Productions in writing, you may not copy, download, stream, capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, make available, frame, deep-link to, transmit or re-transmit the i-World Productions Services, any part thereof, or any materials derived therefrom, except as set forth in these Terms or applicable Additional Terms. You may not use the \i-World Productions Services for any business or commercial purposes or otherwise build a business based on any portion of the i-World Productions Services. You may not disable, remove or otherwise circumvent through any means (a) proprietary rights notices or indications of source (for example, © or TM) in the i-World Productions Services, (b) any digital rights management, content protection or access control measure associated with the i-World Productions Services, or (c) any advertisement on the i-World Productions Services. You may not use any technology, software, or services in connection with the i-World Productions Services that are intended or function to (i) block or obstruct any advertisements of any kind, or (ii) obscure or disguise your location when you are accessing the i-World Productions Services.
You may not insert any code into or manipulate the i-World Productions Services in any way. You may not use any manual or automated software robots, spiders, crawlers or other tools to access, scrape, aggregate or otherwise use the i-World Productions Services or any part thereof. You may not impose an unreasonable burden or load on the i-World Productions Services or their infrastructure.
You are responsible for all materials you upload, post, transmit or otherwise distribute on or through i-World Productions Services (“Upload”). The following prohibitions apply to your conduct and communications on or through the i-World Productions Services:
You may not interfere with any other user’s ability to use or enjoy the i-World Productions Services.
You may not threaten, abuse, harass or invade the privacy of any third-party.
You may not cover, remove, block or obscure any Content, advertisements or other portions of the i-World Productions Services.
You may not Upload any content or material that is (i) fraudulent, (ii) infringing on the rights of any third party, (iii) libelous, defamatory, obscene, pornographic, profane, indecent or otherwise inappropriate (including images of a sexual nature) or (iv) otherwise unlawful.
You may not Upload a software virus or any other computer code or materials that may (i) disrupt, damage, or limit the functioning of the i-World Productions Services or any computer software, hardware or telecommunications equipment associated with the i-World Productions Services, or (ii) obtain unauthorized access to the i-World Productions Services or any data or other information of ours or of any third party.
You may not attempt to gain unauthorized access to other computer systems or networks connected to the i-World Productions Services.
You may not use any software or device that allows automated gameplay, expedited gameplay or other manipulation, and you agree not to cheat or otherwise modify any i-World Productions Services or game experience to create an advantage for one user (including you) over another.
You may not use the i-World Productions Services in any way (i) to advertise any commercial endeavor or otherwise engage in any commercial activity (for example, offering products or services, conducting raffles or contests or displaying sponsorship banners) or (ii) that solicits funds, advertisers or sponsors, whether or not for profit.
You may not Upload unsolicited bulk communications of any kind. For instance, you may not send “mailbombs” (for example, emailing copies of a single message to many users, or sending large or multiple files or messages to a single user with malicious intent) or “spam” (for example, unsolicited emailing for business or other purposes).
You may not solicit or collect information about other users of the i-World Productions Services or use any such information (i) for unauthorized or unsolicited advertising, junk or bulk email, chain letters, or any other form of unauthorized solicitation or (ii) for any other commercial purposes.
You may not impersonate any other person or entity. You may not manipulate headers or identifiers to disguise you or the origin of your User Content (as defined below). You may not misrepresent your professional or other affiliation with us or with any other party. You may not use the i-World Productions Services in a manner that suggests an association with our products, services or brands.
You may not use any portion of the i-World Productions Services for any unlawful purpose, and you may not encourage or facilitate conduct that would constitute a criminal offense or give rise to civil liability.
You may not attempt any of the actions set forth in this “Prohibited Actions” Section or authorize, facilitate or induce others to do so.
We may require proof that you are following these rules at any time. We reserve the right to take, or to refrain from taking, any and all steps available to us once we become aware of any violation of these provisions. If you are involved in any violation of our systems’ security, we reserve the right to release your details to system administrators at other sites in order to assist them in resolving security incidents.
12. Third-Party Authentication; Third Party Services
For your convenience, the i-World Productions Services may include or provide links to websites, widgets, software or other products or services of other persons or entities (“Third-Party Services”) that may interact with the i-World Productions Services. Third-Party Services are provided solely as a convenience to you, and we are not responsible for Third-Party Services. The inclusion on any i-World Productions Services of a link to or other integration with a third-party service does not imply an endorsement by us. Please understand that your rights and obligations while accessing those Third-Party Services will be governed by the agreements and policies relating to the use of those Third-Party Services.
13. Merchants and Advertising
Your dealings with merchants or advertisers found on or through the i-World Productions Services, including any payments or contractual terms, are solely between you and that merchant or advertiser. We are not responsible for any loss or damage resulting from such dealings or from the presence of merchants or advertisers on the I-World Productions Services. We are not responsible for any confidential or personal information you provide through an advertisement or any subsequent transaction you enter into. These Terms do not govern your use of any non-i-World Productions website or destination that do not include a link to these Terms; additional terms may apply.
14. Devices and Charges
You are responsible for obtaining and maintaining all devices and other equipment and software, and all internet and wireless connectivity, mobile service, and other services needed for your access to and use of the i-World Productions Services, and you will be solely responsible for all charges related to them. We do not take responsibility for the performance of devices, including the ongoing compatibility of devices with i-World Productions Services. By using i-World Productions Services, you agree to look solely to the entity that manufactured and/or sold or leased you the device for any issues related to your device.
You are responsible for obtaining and maintaining all internet services, mobile service, and other services needed for your access to and use of the i-World Productions Services. You are responsible for any charges incurred in obtaining access to the i-World Productions Services. Please check with your internet service provider for information on possible data usage charges.
15. DISCLAIMER OF WARRANTIES; EXCLUSIONS AND LIMITATIONS OF LIABILITY
We make no representations or warranties as to i-World Productions Services (which, for purposes of this Section 12 only, shall include the Third-Party Services) with respect to their accuracy, timeliness, reliability, completeness or otherwise.
WE PROVIDE THE i-WORLD PRODUCTIONS SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE, OUR PARENT COMPANIES, EACH OF OUR AFFILIATES, AND ALL SUCH PARTIES’ DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND LICENSORS (COLLECTIVELY, THE “i-WORLD PRODUCTIONS PARTIES”) DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL APPLE, AMAZON.COM, INC., GOOGLE, INC., MICROSOFT CORPORATION, SAMSUNG ELECTRONICS AMERICA, INC., OR ANY OTHER THIRD PARTY THAT OWNS OR OPERATES THE APP STORE OR PLATFORM THROUGH WHICH YOU ACCESS AND/OR DOWNLOAD THE i-WORLD PRODUCTIONS SERVICES, OR THEIR RESPECTIVE AFFILIATES, VENDORS, AGENTS AND SUPPLIERS, AS APPLICABLE, GIVE ANY WARRANTY, HAVE ANY RESPONSIBILITY OR HAVE ANY LIABILITY WITH RESPECT TO YOUR USE OF THE I-WORLD PRODUCTIONS SERVICES, OR ANY CONTENT OR FUNCTIONALITY IN THE I-WORLD PRODUCTIONS SERVICES, NOR SHALL THEY BE RESPONSIBLE FOR PROVIDING SUPPORT SERVICES WITH RESPECT TO THE -WORLD PRODUCTIONS SERVICES. NONE OF THE I-WORLD PRODUCTIONS PARTIES WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) OR ANY DAMAGES WHATSOEVER THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE I-WORLD PRODUCTIONS SERVICES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND EVEN IF i-WORLD PRODUCTIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NONE OF THE i-WORLD PRODUCTIONS PARTIES SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE i-WORLD PRODUCTIONS SERVICES. WITHOUT LIMITING THE FOREGOING, THE i-WORLD PRODUCTIONS PARTIES WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF (1) YOUR FAILURE TO COMPLY WITH THE TERMS OR (2) CONTENT POSTED TO THE i-WORLD PRODUCTIONS SERVICES BY YOU OR ANY THIRD PARTY.
IN NO EVENT WILL THE i-WORLD PRODUCTIONS PARTIES’ AGGREGATE LIABILITY TO YOU IN CONNECTION WITH THE i-WORLD PRODUCTIONS SERVICES OR THESE TERMS EXCEED (A) THE AMOUNT (IF ANY) PAID BY YOU TO i-WORLD PRODUCTIONS IN THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT WHICH GAVE RISE TO THE LIABILITY OR (B) FIFTY DOLLARS ($50), WHICHEVER IS LESS.
YOU ACKNOWLEDGE AND AGREE THAT ANY DAMAGES YOU INCUR ARISING OUT OF THE ACTS OR OMISSIONS OF THE i-WORLD PRODUCTIONS PARTIES OR YOUR USE OF THE I-WORLD PRODUCTIONS 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 I-WORLD PRODUCTIONS SERVICES.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW FOR THE DISCLAIMER OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, SOME OF THE LIMITATIONS SET FORTH IN THESE TERMS MAY NOT APPLY TO YOU. THE i-WORLD PRODUCTIONS PARTIES’ LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY THE LAW OF SUCH JURISDICTION. THIS PARAGRAPH WILL ONLY APPLY IF AN ARBITRATOR OR COURT WITH APPLICABLE JURISDICTION IN ACCORDANCE WITH THESE TERMS FINDS EXCLUSIONS OF DAMAGES OR LIMITATIONS OF LIABILITY TO BE UNCONSCIONABLE OR OTHERWISE VIOLATE APPLICABLE LAWS. NOTHING IN THESE TERMS SHALL EFFECT A WAIVER OF ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
You agree to defend, indemnify and hold harmless the i-World Productions Parties, its parents, subsidiaries, and affiliates and each of their respective officers, directors, producers, judges, employees, agents and advisors from and against any and all claims, liabilities, demands, actions, suits, costs and expenses or proceedings, as well as any and all losses, liabilities, damages, costs and expenses including but not limited to attorney’s fees and expenses, arising out of or related to (i) any breach of these Terms, (ii) your User Content, and/or content or materials Uploaded by any other subscriber or user of your account that infringes any intellectual property right of any person or entity or defames any person or violates their rights of publicity or privacy, and (iii) any misrepresentation made by you in connection with your use of the i-World Productions Services (iv) or a breach of your obligations, representation and warranties under these Terms.
17. Infringement Policy
We respect the intellectual property of others, and we ask our users to do the same. The i-World Productions Services, including the Content and other materials incorporated by us in the i-World Productions Services (“Materials”), are protected by copyrights, patents, trade secrets or other proprietary rights. Some of the characters, logos or other images incorporated by us in the i-World Productions Services are also protected as registered or unregistered copyrights, trademarks, trade names and/or service marks owned by us or others.
Pursuant to 17 U.S.C. Section 512 as amended by Title II of the Digital Millennium Copyright Act, we reserve the right, but without obligation, to terminate your license to use the i-World Productions Services if we determine in our sole and absolute discretion that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. If you believe that any User Content is defamatory or infringes your intellectual property please send a written notice to the agent identified below to request a review of the alleged infringement:
i-World Productions TV LLC
406 E Locust
San Antonio, TX 78212
Attn: i-World Productions Legal
In addition, any written notice regarding any defamatory or infringing activity, whether of a copyright, patent, trademark or other proprietary right must include the following information:
Your name, address, telephone number, and e-mail address;
A physical or electronic signature of a person authorized to act on behalf of (1) the owner of an exclusive right that is allegedly infringed or (2) the person defamed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the i-World Productions Services are covered by a single notification, a list of such works. Similarly, for materials that are defamatory or infringe patent, trademark, or other proprietary rights of a third party, please submit a list of such materials;
Identification of the material that is claimed to be infringing, to be the subject of infringing activity, or that is claimed to be defamatory and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or other proprietary right owner, its agent, or the law; and
A statement that the information in the notice is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed or on behalf of the person defamed.
18. Links By You To the i-World Productions Services
We grant you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to create hyperlinks to the i-World Productions Services, so long as (i) the links only incorporate text, and do not use any trademarks, (ii) the links and the content on your website, application or other service (“Your Service”) do not suggest any affiliation with or endorsement by us or cause any other confusion regarding your relationship to us or our affiliates or to the i-World Productions Services, (iii) the links open in a new window and link to the full version of applicable i-World Productions Services, and (iv) the links and the content on Your Service do not portray us or our affiliates or our or their products or services in a false, misleading, derogatory, or otherwise offensive manner, and do not contain content that is unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third party or are otherwise objectionable to us. We reserve the right to suspend or prohibit linking to the i-World Productions Services for any reason, in our sole discretion, without advance notice or any liability of any kind to you or any third party.
19. Local Regulations
We make no representation or warranty that the Content or i-World Productions Services are appropriate or available for use outside the United States (including its territories and possessions). Without limiting the geographic eligibility requirements set forth in these Terms and any Additional Terms, if you choose to access the I-World Productions Services from other locations, you do so on your own initiative and at your own risk.
You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United States or the country in which you reside.
20. Export Control
The i-World Productions Services are controlled and operated by us from our offices within the State of Texas. You hereby represent and warrant that (i) you are not located in a country that is (a) subject to a U.S. government embargo (for example, Crimea, Cuba, Iran, North Korea or Syria) or (b) on Title 15, Part 740 Supplement 1 Country Group E of the U.S. Code of Federal Regulations, (ii) you are not listed on any U.S. or United Nations Security Council (UNSC) list of prohibited or restricted parties, including the list of Specially Designated Nationals and Blocked Persons administered by the U.S. Treasury Department or the U.S. Commerce Department’s Denied Persons List, and (iii) you are not otherwise the target of U.S. or UNSC economic sanctions. You may not access, download or otherwise use any i-World Productions Services in violation of United States or UNSC export control or economic sanctions laws and regulations. Software in or from the i-World Productions Services are further subject to U.S. export controls. No software may be downloaded or otherwise exported or re-exported in violation of applicable laws, including without limitation to any end user in a U.S. embargoed country or territory or an end user included on any U.S., or UNSC government list of prohibited or restricted parties.
21. Binding Arbitration of All Disputes. No Class Relief.
This Section 18 is deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and we agree that we intend that this Section 18 satisfies the “writing” requirement of the Federal Arbitration Act. If binding arbitration is adjudged by a tribunal to be unenforceable, the provisions of Section 19 shall apply to all relevant disputes between you and us.
We believe that arbitration is a faster, more convenient and less expensive way to resolve any disputes or disagreements that you may have with us. Therefore, pursuant to these Terms, if you have any dispute or disagreement with us regarding (i) your use of or interaction with the i-World Productions Services, (ii) any subscriptions or other purchases, transactions or relationships related to your use of the i-World Productions Services, or (iii) any data or information you may provide to us or that we may gather in connection with such use, interaction, subscriptions, purchases, transactions or relationships (collectively, “i-World Productions Transactions or Relationships”), you will not have the right to pursue a claim in court, or have a jury decide the claim and you will not have the right to bring or participate in any class action or similar proceeding in court or in arbitration. By using or interacting with the i-World Productions Services, or engaging in any other i-World Productions Transactions or Relationships with us, you agree to binding arbitration as provided below.
We will make every reasonable effort to informally resolve any complaints, disputes, or disagreements that you may have with us. If those efforts fail, by using the i-World Productions Services, you agree that any complaint, dispute, or disagreement you may have against us, and any claim that we may have against you, arising out of, relating to, or connected in any way with these Terms or any i-World Productions Transactions or Relationships shall be resolved exclusively by final, confidential and binding arbitration (“Arbitration”) before a single arbitrator administered by JAMS or its successor (“JAMS”) and conducted in accordance with the JAMS Streamlined Arbitration Rules And Procedures in effect at the time the Arbitration is initiated or, if the amount in controversy exceeds $100,000, in accordance with the JAMS Comprehensive Arbitration Rules And Procedures then in effect (respectively, the “Applicable Rules”). The Applicable Rules can be found at www.jamsadr.com. If JAMS is no longer in existence, the Arbitration shall be administered by the American Arbitration Association or its successor (the “AAA”) instead, and conducted in accordance with the AAA Commercial Arbitration Rules in effect at that time (which shall be the “Applicable Rules” in such circumstances). If JAMS (or, if applicable, AAA) at the time the arbitration is filed has Minimum Standards of Procedural Fairness for Consumer Arbitrations in effect that would be applicable to the matter in dispute, we agree to provide the benefit of such Minimum Standards to you to the extent they are more favorable than the comparable arbitration provisions set forth in this Section 18, provided, however, that in no event may such Minimum Standards contravene or restrict the application of subpart (e) or (i) below. Furthermore, this Section 18 shall not prevent any party from seeking provisional remedies (that is, a temporary restraining order or preliminary injunction) from a court of appropriate jurisdiction. You further agree that:
a. Single Arbitrator.
The Arbitration shall be conducted before a single arbitrator selected in accordance with the Applicable Rules or by mutual agreement between you and us (the “Arbitrator”).
b. Arbitrator Will Interpret This Agreement.
The Arbitrator, and not any federal, state or local court or agency, shall have the exclusive authority to resolve any dispute arising under or relating to the validity, interpretation, applicability, enforceability or formation of these Terms and/or these arbitration provisions in Section 18 hereof, including but not limited to any claim that all or any part of these Terms is void or voidable.
c. Location of Arbitration.
The Arbitration shall be held in the State of Texas.
d. Governing Law.
The Arbitrator (i) shall apply internal laws of the State of Texas consistent with the Federal Arbitration Act and applicable statutes of limitations, or, to the extent (if any) that federal law prevails, shall apply the law of the U.S., irrespective of any conflict of law principles; (ii) shall entertain any motion to dismiss, motion to strike, motion for judgment on the pleadings, motion for complete or partial summary judgment, motion for summary adjudication, or any other dispositive motion consistent with New York or federal rules of procedure, as applicable; (iii) shall honor claims of privilege recognized at law; and (iv) shall have authority to award any form of legal or equitable relief.
e. No Class Relief.
The Arbitration can resolve only your and/or our individual claims, and the Arbitrator shall have no authority to entertain or arbitrate any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated.
f. Written Award.
The Arbitrator shall issue a written award supported by a statement of decision setting forth the Arbitrator’s complete determination of the dispute and the factual findings and legal conclusions relevant to it (an “Award”). Judgment upon the Award may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets.
h. Reasonable Attorney’s Fees.
In the event you recover an Award greater than our last written settlement offer, the Arbitrator shall also have the right to include in the Award our reimbursement of your reasonable and actual out-of-pocket attorneys’ fees associated with the Arbitration, but we shall in all events bear our own attorneys’ fees.
i. Interpretation and Enforcement of Arbitration Clause.
With the exception of subpart (e) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Applicable Rules, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (e) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor we shall be entitled to arbitrate any dispute between us and you and must instead bring any claims subject to subsection (k) below and Section 19.
j. Modification of Arbitration Clause With Notice.
We may modify these arbitration provisions, but such modifications shall only become effective thirty (30) days after we have given notice of such modifications and only on a prospective basis for claims arising from i-World Productions Transactions or Relationships occurring after the effective date of such notification. If any modification pursuant to this subpart (j) is deemed to be invalid, unenforceable, or illegal, then the arbitration provisions effective at the time of your agreement to these Terms shall govern any dispute or disagreement between you and us regarding i-World Productions Transactions or Relationships.
k. Small Claims Matters are Excluded. No Class Relief or Joinder of Claims.
Notwithstanding the foregoing arbitration provisions, and subject to Section 18, at your option, you may bring any claim for damages you have against us in your local small claims court within the U.S., if your claim is within such court’s jurisdictional limit; provided that such court does not have the authority to entertain any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated in such proceeding.
l. Confidentiality of Arbitration.
You and we agree to maintain the confidential nature of the Arbitration 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 such 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 applicable law or court order.
22. Limitation of Liability
We shall not be liable to you for:
Any loss of profit (whether incurred directly or indirectly)
Any loss of goodwill;
Any loss of opportunity;
Any loss of data suffered by you;
Any indirect or consequential losses which may be incurred by you
Any injuries or loss of life as a result of assignments during competition
Any other loss will be limited to the amount paid by you to the World’s Sexiest Physique competition within the last twelve months.
Any loss of damage which may be incurred by you as a result of:
Any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the service;
Any changes we may make to the services, or for any permanent or temporary cessation in the provision of the services (or any features within the services);
The deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of the services;
Your failure to provide us with accurate account information;
Your failure to keep your password or account details secure and confidential.
Please note that we only provide our platform for domestic and private use. You agree not to use our platform for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, loss of goodwill or business reputation, business interruption, or loss of business opportunity.
These limitations on our liability to you shall apply whether or not we have been advised of or should have been aware of the possibility of any such losses arising.
You are responsible for any mobile charges that my apply to your use of our service, including text messaging and data charges. If you’re unsure what those charges may be, you should ask your service provider before using the service.
To the fullest extent permitted by law, any dispute you have with any third party arising out of your use of the services, including by way of example and not limitation, any carrier, copyright owner or other user, is directly between you and such third party, and you irrevocably release us and our affiliates from any and all claims, demand and damages (actual or consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
23. Dispute Resolution Only if a Tribunal has Ruled that Arbitration is Prohibited by Applicable Law
This Section 19 applies only where applicable law, as determined by a court with appropriate jurisdiction, prohibits arbitration of disputes in accordance with Section 18.
a . Section 19 disputes.
If any controversy, allegation, or claim (including any non-contractual claim) arises out of or relates to the i-World Productions Services, the Content, these Terms or to any of our actual or alleged intellectual property rights (collectively, a “Section 19 Dispute”), then you and we agree to send a written notice to the other providing a reasonable description of the Section 19 Dispute, along with a proposed resolution of it. Our notice to you will be sent to you based on the most recent contact information that you provide us. But if no such information exists or if such information is not current, then we have no obligation under this Section 19(a). Your notice to us must be sent to:
406 E Locust
San Antonio, TX 78212
By e-mail: firstname.lastname@example.org
For a period of sixty (60) days from the date of receipt of notice from the other party, we and you will engage in a dialogue in order to attempt to resolve the Section 19 Dispute, though nothing will require either you or us to resolve the Section 19 Dispute on terms with respect to which you and us, in each of our sole discretion, are not comfortable.
The parties agree that the state or federal courts in Texas shall have non-exclusive jurisdiction of any Section 19 Dispute.
c. Governing Law.
To the maximum extent permitted by the mandatory laws in your country of residence, these Terms and any Section 19 Dispute arising out of or in connection with these Terms or their subject matter or formation (including non-contractual disputes), will be governed by, and construed in accordance with, the laws of the U.S. and the State of Texas without regard to its conflicts of law provisions.
d. Injunctive Relief.
The foregoing provisions of this Section 19 will not apply to any legal action taken by us to seek an injunction or other equitable relief in connection with any loss, cost, or damage (or any potential loss, cost, or damage) relating to the i-World Productions Services, any Content, your User Content and/or our intellectual property rights (including such as we may claim may be in dispute), our operations, and/or our products or services.
24. Notice for California Users
Under California Civil Code Section 1789.3, California users of the i-World Productions Services are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
25. Terms Applicable to Third Party Platform Providers; Third Party Licenses
a. Third Party Platform Providers.
If you access or download the i-World Productions Services via an Apple, Inc. (“Apple”), Amazon.com, Inc., Google, Inc., Microsoft Corporation, Samsung Electronics America, Inc. (“Samsung”) or any other third-party app store or platform (each a “Third Party Platform Provider”), such Third-Party Platform Providers shall be third-party beneficiaries to these Terms. However, these Third-Party Platform Providers are not party to these Terms and have no obligation to provide maintenance and/or support of the i-World Productions Services. i-World Productions, not such Third-Party Platform Providers, are solely responsible for the i-World Productions Services. Your access to the I-World Productions Services using the Third-Party Platform Providers’ app stores or platforms is subject to the usage terms set forth in the applicable Third-Party Platform Provider’s terms of service.
In the case of any i-World Productions applications accessed or downloaded via the Apple app store or platform, if such application fails to conform to any applicable warranty in these Terms, then you may notify Apple, and Apple will refund to you the purchase price (if any) of the application. i-World Productions, not Apple, is responsible for addressing any claims you or a third party may have relating to such application, or your possession and/or use of such application, including, but not limited to (i) product liability claims, (ii) any claims that such application fails to conform to any applicable legal or regulatory requirement, and (iii) claims arising under consumer protection or similar legislation. In the event of any third-party claim that such application, or your possession and use of such application, infringes that third party’s intellectual property rights, i-World Productions, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
In the case of any i-World Productions applications accessed or downloaded via the Samsung app store or platform, if you wish to assert a claim against Samsung in connection with a i-World Productions application, such claim must be brought by you as an individual and not as a member of a class.
b. Third Party Licenses.
The i-World Productions Services may include open-source software or third party software. Any such software is made available to you under the terms of the applicable licenses; please review the information set forth here for applicable license terms related to the i-World Productions Services.
a. Applicable Law.
These Terms, any Additional Terms and the relationship between you and us shall be governed by the laws of the U.S. and the State of New York without regard to its conflicts of law rules. The Convention on Contracts for the International Sale of Goods does not apply to your access or use of the i-World Productions Services or these Terms.
Subject to the arbitration provisions above, and other than small claims actions as permitted therein, any action or proceeding arising from, relating to or in connection with these Terms will be brought exclusively in the federal or state courts located in San Antonio, TX, and you irrevocably consent to the personal jurisdiction of such courts and agree that it is a convenient forum and that you will not seek to transfer such action or proceeding to any other forum or jurisdiction, under the doctrine of forum non conveniens or otherwise.
c. No Waiver.
No failure or delay by us in exercising any right, power or privilege under these Terms will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under these Terms.
Unless otherwise expressly provided herein, the invalidity or unenforceability of any provision of these Terms will not affect the validity or enforceability of any other provision, all of which will remain in full force and effect.
e. Limited Time to File Claims.
You agree that regardless of any statute or law that establishes a different statute of limitations, to the maximum extent permitted under applicable law, any claim or cause of action (including any arbitration) arising out of, related to or connected with the use of the i-World Productions Services, or these Terms, or other i-World Productions Transactions or Relationships must be filed within one (1) year after such claim or cause of action arose or be forever barred.
27. Entire Agreement.
The paragraph or section titles in these Terms are for convenience only and have no legal or contractual effect.
a. These Terms, including any Additional Terms, represent the entire understanding of the parties regarding its subject matter and supersede all prior and contemporaneous agreements and understandings between the parties regarding its subject matter. These Terms may not be amended, altered or waived except in writing by the party to be charged.
These Terms are binding upon and shall ensure to the benefit of parties and their respective successors, heirs, executor, administrators, personal representatives and assigns. You shall not assign your rights or obligations hereunder without our prior written consent, and any such assignment shall be void and invalid at the outset.
c. Consent to Electronic Communications.
We may provide you information regarding your account and the i-World Productions Services in electronic form only. You agree that such notices and other communications sent electronically satisfy any legal communication requirements, including that requirements must be in writing.