Effective: 12 March 2014
FNG furnishes the Website and the FNG Services for your personal enjoyment and entertainment. By visiting the Website (whether or not you are a registered member) or using the FNG 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 including laws that apply under your jurisdiction or a foreign jurisdiction (“Applicable Law”). Please read through this Agreement carefully. FNG may modify this Agreement at any time, and each such modification will be effective upon posting on the Website. All material modifications will apply prospectively only. Your continued use of the Website or the FNG 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 FNG Services immediately.
Your access to and use of certain FNG Services may require you to accept additional terms and conditions applicable to such FNG Services, in addition to this Agreement, and may require you to download software or Content (as defined below). In the event of a conflict between any such additional terms and this Agreement, such additional terms will prevail.
PLEASE NOTE THAT THE “ARBITRATION AGREEMENT” SECTION INCLUDED BELOW CONTAINS PROVISIONS THAT REQUIRE (i) WITH LIMITED EXCEPTIONS, ALL DISPUTES ARISING BETWEEN YOU AND FNG UNDER THIS AGREEMENT BE HANDLED BY ARBITRATION, AND (ii) YOU AND FNG WAIVE THE RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION IN CONNECTION WITH SUCH DISPUTES. PLEASE CLICK HERE TO REVIEW THE ARBITRATION AGREEMENT.
Registration and Security
If the Website permits registration, 1) all registration information you submit to create an account must be accurate and kept up to date; 2) it is your responsibility to notify us of any changes in such information, including but not limited to your contact information; 3) you are responsible for maintaining the confidentiality of your password and are responsible for all use of your account and it is therefore critical that you do not share your password with anyone; 4) 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; 5) your account is not transferable; 6) you agree to notify FNG immediately if you suspect any unauthorized use of, or access to, your account or password; and 7) FNG reserves the right to change any user name or url related to any FNG Sites at any time for any or no reason without prior notice.
Purchasing Website Services or Products
FNG makes no warranty, and 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. FNG provides no refunds (except as expressly required by Applicable Law and makes no warranty for, and accepts no liability regarding purchases you make on the Website. Nothing in this Agreement restricts, excludes or modifies or purports to restrict, exclude, or modify any statutory consumer rights under any Applicable Law. 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, FNG will in no way be responsible or liable to you for any such breach.
The FNG will not store any record of Personal Financial Information related to purchases or other transactions you make through the FNG 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.
Limited Content License
The FNG Services are offered for your personal use only and may not be used for commercial purposes. The FNG Services contain information, text, files, images, video, sounds, musical works, works of authorship, software, applications, product names, FNG names, trade names, logos, designs, and any other materials or content (collectively, “Content”) of FNG, its licensors, or assignors (“FNG Content”), as well as Content provided by users or other third parties. Content contained in the FNG Services is protected by copyright, trademark, patent, trade secret and other laws and, as between you and FNG, FNG, its licensors, or its assignors, own and retain all rights in the FNG Content. FNG hereby grants you a limited, revocable, nonsublicensable license to access and display or perform the FNG Content (excluding any software code) solely for your personal, non-commercial use in connection with using the FNG Services. Except as provided in this Agreement or as explicitly allowed on the FNG 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 FNG Services.
Except as explicitly and expressly permitted by the FNG 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 FNG Content. This prohibition applies regardless of whether such derivative works or materials are sold, bartered or given away. Also, you may not either directly or through the use of any device, software, internet site, web-based service or other means remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notice marked on the Content contained in the FNG 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 FNG Services including geo-filtering mechanisms. Except as necessary in order to make reference to the FNG, its products and services in a purely descriptive capacity, you are expressly prohibited from using any FNG Content in any manner.
Restrictions on Use of FNG Services
You understand that you are responsible for all Content that you post, upload, transmit, email or otherwise make available on the Website or on, through or in connection with the FNG Services (collectively, “User Content”). Additionally, you acknowledge that you have no expectation of privacy in or confidentiality with respect to your User Content. Accordingly, please choose User Content carefully.
You agree not to use the FNG Services to:
- Post, upload or otherwise transmit or link to Content that is: unlawful; threatening; abusive; obscene; vulgar; sexually explicit; pornographic or inclusive of nudity; offensive; excessively violent; invasive of another’s privacy, publicity, contract or other rights; tortious; false or misleading; defamatory; libelous; hateful; or discriminatory;
- 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 Website or the FNG Services;
- Interfere with, damage, disable, disrupt, impair, create an undue burden on, or gain unauthorized access to the FNG Services, including FNG’s servers, networks or accounts;
- Cover, remove, disable, block or obscure advertisements or other portions of the FNG Services;
- Delete or revise any information provided by or pertaining to any other user of the FNG 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 FNG Services, or to circumvent or modify any security technology or software that is part of the FNG Services;
- Send or cause to send (directly or indirectly) unsolicited bulk messages or other unsolicited bulk communications of any kind through the FNG Services. If you do so, you acknowledge you will have caused substantial harm to FNG, but that the amount of harm would be extremely difFNGult to measure. As a reasonable estimation of such harm, and by way of liquidated damages and not as a penalty, you agree to pay FNG AU$50 for each actual or intended recipient of such communication;
- Solicit, collect or request any personal information for commercial or unlawful purposes;
- Post, upload or otherwise transmit an image or video of another person without that person’s consent;
- 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 signiFNGant portion of the FNG Content;or building a business using the FNG Content) without FNG’s prior written consent;
- Use the FNG Services to advertise or promote competing services;
- Use the FNG 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.
FNG reserves the right, but disclaims any obligation or responsibility, to remove User Content that violates this Agreement, as determined by FNG, or for any other reason, in FNG’s sole discretion and without notice to you. You acknowledge the FNG reserves the right to investigate and take appropriate legal action against anyone who, in FNG’s sole discretion, violates this Agreement, including but not limited to, terminating their user account and/or reporting such User Content, conduct, or activity to law enforcement authorities.
You acknowledge, consent and agree that FNG may access, preserve or disclose information you provide to the Website, including User Content and your account registration information, including when FNG 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 FNG, our parents, subsidiaries or affiliates (“FNG 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 FNG 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 FNG 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, FNG may transfer your information to the party or parties involved in the transaction as part of that transaction.
FNG reserves the right to limit the storage capacity of User Content. You assume full responsibility for maintaining backup copies of your User Content, and FNG assumes no responsibility for any loss of your User Content due to its being removed by FNG or for any other reason.
Your Proprietary Rights in and License to Your User Content
FNG does not claim any ownership rights in the User Content that you post, upload, email, transmit, or otherwise make available (collectively, “Transmit”) on, through or in connection with the FNG Services, except with respect to your unsolicited submissions, as described under “Unsolicited Submissions” below; provided, however, that User Content shall not include any FNG Content or content owned by a FNG Affiliate. By posting or transmitting any User Content on, through or in connection with the FNG Services, you hereby grant to FNG and our FNG Affiliates, licensees, assignees, and authorized users a worldwide, perpetual, irrevocable, non-exclusive, fully-paid and royalty-free, freely sublicensable, transferable (in whole or in part) right (including any moral rights) and license to use, modify, excerpt, adapt, publish, translate, create derivative works and compilations based upon, publicly perform, publicly display, reproduce, sublicense, and distribute such User Content, including your name, voice, likeness and other personally identifiable information to the extent that such is contained in User Content, anywhere, in any form and on and through all media formats now known or hereafter devised, for any and all purposes including, but not limited to, promotional, marketing, trade or any non-commercial or commercial purposes. Additionally, FNG is free to use any ideas, concepts, know-how, or techniques contained within such User Content for any purpose including, but not limited to, developing, manufacturing, marketing and providing commercial products and services, including FNG Services. FNG‘s use of such User Content shall not require any further notice or attribution to you and such use shall be without the requirement of any permission from or any payment to you or any other person or entity. You hereby appoint FNG as your agent with full authority to execute any document or take any action FNG may consider appropriate in order to confirm the rights granted by you to FNG in this Agreement.
You represent and warrant that: (i) you own the User Content Transmitted by you on, through or in connection with the FNG Services, or otherwise have the right to grant the license set forth in this Section, and (ii) the Transmission of User Content by you on, through or in connection with the FNG Services and Third Party Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of the use of any User Content Transmitted by you on or through the FNG Services or Third Party Services.
If you delete your User Content from the Website, FNG’s license to such User Content will end after a reasonable period of time necessary for the deletion to take full effect. However, the User Content may be retained in the FNG’s back-up copies of the Website, which are not publicly available. Furthermore, to the extent that FNG made use of your User Content before you deleted it, FNG will retain the right to make such pre-existing uses even after your User Content is deleted. You acknowledge that (i) deletion of your User Content from the Website will not result in, and FNG assumes no responsibility for, the deletion of such User Content by any third parties who were provided with or had access to such User Content prior to your deleting it from the Website, and (ii) termination of your account or your use of the FNG Services will not result in the immediate or automatic deletion of your User Content consistent with this Agreement.
Removal of Material that Infringes Copyrights
FNG respects the intellectual property of others and requires that our users do the same. FNG has a policy that provides for the termination in appropriate circumstances of subscribers and account holders of FNG Services who are repeat infringers. FNG also reserves the right to remove or disable access to any transmission of Content that infringes the copyright of any person under the laws of any country upon receipt of a notice or other relevant communication from the appropriate person or authority.
If you believe material on FNG Services infringes your copyright.
If you believe that any material residing on or linked to from FNG Services infringes your copyright, you must send us a written notification of claimed infringement that contains substantially all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the FNG Services (such as the URL(s) of the claimed infringing material); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and an email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) a statement by you that the above information in your notification is accurate and a statement by you, made under penalty of perjury, that you are the owner of an exclusive right that is allegedly infringed or are authorized to act on the owner's behalf; and (f) your physical or electronic signature.
If you posted material to FNG Services that was removed due to notice by a copyright owner.
If you posted material to FNG Services that FNG removed due to a notice of claimed infringement from a copyright owner, FNG will take reasonable steps promptly to notify you that the material has been removed or disabled. This notice may be by means of a general notice on the Website or by written or electronic communication to such address(es) you have provided to FNG, if any. You may provide counter-notification in response to such notice in a written communication that includes substantially all of the following: (i) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; (ii) a statement by you, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; (iii) your name, address, telephone number, and a statement that you consent to the jurisdiction of the courts of the State in which your address is located, or if your address is outside of Australia, the courts of the State of New South Wales, Australia, and that you will accept service of process from the person who provided notiFNGation requesting the removal or disabling of access to the material or such person’s agent; and (iv) your physical or electronic signature.
Your Exposure to Others’ User Content
You understand that FNG does not control the User Content posted by users via the FNG Services and, as such, you understand you may be exposed to offensive, inaccurate or otherwise objectionable User Content. FNG assumes no responsibility or liability for this type of Content. If you become aware of any misuse of the FNG Services, including in violation of any “Restrictions on Use of FNG Services,” please report it immediately to FNG at FXTV.INFO@fox.com with the subject line “Violation of Restrictions on Use of FNG Services.” FNG assumes no responsibility for monitoring the FNG Services for inappropriate User Content or user conduct. If at any time, FNG chooses in its sole discretion to monitor the FNG Services, FNG nonetheless assumes no responsibility for Content other than FNG Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of any user.
Third Party Links and Services
You are solely responsible for your interactions with other users of the Website and the FNG Services, providers of Third Party Services or any other parties with whom you interact on, through or in connection with the FNG Services. FNG reserves the right, but has no obligation, to become involved in any way with any disputes between you and such parties.
THE FNG SERVICES ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND FNG DOES NOT GUARANTEE OR PROMISE ANY SPECIFNG RESULTS FROM USE OF OR CONTINUOUS AVAILABILITY OF THE FNG SERVICES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FNG 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. NOTHING IN THIS AGREEMENT RESTRICTS, EXCLUDES OR MODIFIES OR PURPORTS TO RESTRICT, EXCLUDE OR MODIFY ANY STATUTORY CONSUMER RIGHTS UNDER ANY APPLICABLE LAW. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, FNG MAKES NO WARRANTY THAT YOUR USE OF THE FNG SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS TO THE FNG SERVICES WILL BE CORRECTED, THAT THE FNG 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 FNG SERVICES OR THIRD PARTY SERVICES (INCLUDING, BUT NOT LIMITED TO, THROUGH USER CONTENT OR THIRD PARTY ADVERTISEMENTS) WILL BE ACCURATE, RELIABLE, TIMELY OR COMPLETE. TO THE FULLEST EXTEND PERMITTED BY APPLICABLE LAW, FNG EXCLUDES ALL LIABILITY FOR ANY LOSS OR DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF DATA, PROPERTY DAMAGE, PERSONAL INJURY OR DEATH) RESULTING FROM USE OF THE FNG SERVICES, PROBLEMS OR TECHNICAL MALFUNCTION IN CONNECTION WITH USE OF THE FNG SERVICES, ATTENDANCE AT A FNG EVENT, ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED IN CONNECTION WITH THE FNG SERVICES, ANY USER CONTENT, ANY THIRD PARTY ADVERTISEMENT OR THIRD PARTY SERVICE TRANSMITTED ON, THROUGH OR IN CONNECTION WITH THE FNG SERVICES, OR THE CONDUCT OF ANY USERS OF THE FNG SERVICES, WHETHER ONLINE OR OFFLINE. YOUR USE OF USER CONTENT, THIRD PARTY ADVERTISEMENTS, THIRD PARTY SERVICES AND THE GOODS OR SERVICES PROVIDED BY ANY THIRD PARTIES IS SOLELY YOUR RESPONSIBILITY AND AT YOUR OWN RISK.
YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE FNG SERVICES, AND ANY INFORMATION TRANSMITTED OR RECEIVED IN CONNECTION THEREWITH, MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ASSUME RESPONSIBILITY FOR THE ENTIRE COST OF ANY MAINTENANCE, REPAIR OR CORRECTION TO YOUR COMPUTER SYSTEM OR OTHER PROPERTY OR RECOVERY OR RECONSTRUCTION OF LOST DATA NECESSITATED BY YOUR USE OF THE FNG SERVICES.
Limitation on Liability
IN NO EVENT WILL FNG 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 FNG SERVICES. IN JURISDICTIONS THAT DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF SUCH DAMAGES, FNG’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, FNG'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 FNG FOR THE FNG SERVICES DURING THE TERM OF YOUR USE OF THE FNG SERVICES, OR WHERE REQUIRED BY APPLICABLE LAW, FNG’S LIABILITY IS LIMITED TO THE REPLACEMENT, REPAIR, OR REFUND OF THE COSTS OF PRODUCTS OR THE RESUPPLY OR REFUND OF THE COST OF THE FNG SERVICES.
YOU ACKNOWLEDGE AND AGREE THAT ANY DAMAGES YOU INCUR ARISING OUT OF FNG’S ACTS OR OMISSIONS OR YOUR USE OF THE WEBSITE OR THE FNG SERVICES ARE NOT IRREPARABLE AND ARE INSUFFNGIENT 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 WEBSITE OR THE FNG 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 FNG HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
United States Jurisdiction
FNG provides the FNG Services in Australia. FNG does not represent that the FNG Content or the FNG Services are appropriate (or, in some cases, available) for use in other locations. If you use the Website or the FNG Services from a jurisdiction other than the Australia, 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 Website or the FNG Services.
Not all of the Site Products are available worldwide or nationwide, and FNG makes no representation that you will be able to obtain any Site Product in any particular jurisdiction, either within or outside of Australia.
(1) FNG, including its FNG Affiliates, agents, employees, predecessors in interest, successors, and assigns, and you agree that any and all disputes and claims that each of you and FNG may have against the other that arise out of or relate to the FNG Services and your use of them, including the breach, termination, enforcement, interpretation or validity of this Agreement, including the agreement to arbitrate (the “Arbitration Agreement”) and the scope or applicability of this Arbitration Agreement (collectively, “Disputes”), including but not limited to the arbitrability of any and all Disputes, and even if the events giving rise to Disputes occurred before this Arbitration Agreement became effective, will be resolved in a binding, confidential, individual and fair arbitration process, and not in court. Each of you and FNG agrees to give up the right to sue in court. Each of you and FNG also agrees to give up the right to have claims heard by a jury and the ability to seek to represent, in a class action or otherwise, anyone but each of you and FNG (see paragraph 9 below). The only exceptions to this Arbitration Agreement are that (i) each of you and FNG retains the right to sue in small claims court and (ii) each of you and FNG may bring suit in court against the other to enjoin infringement or other misuse of intellectual property rights.
(2) This Arbitration Agreement shall survive termination of this Agreement.
(3) Any arbitration between you and FNG will be conducted by the Australian Centre for International Commercial Arbitration (the “ACICA”) and will be governed by the ACICA’s Arbitration Rules then in force (“ACICA Rules”), as modified by this Arbitration Agreement. The AAA Rules are available online at http://acica.org.au, or by calling the ACICA at +61 2 9223 1099. The arbitration will be conducted by a single arbitrator. If you and we cannot agree on who that single arbitrator should be, then the ACICA shall appoint an arbitrator. The arbitrator is bound by the terms of this Agreement.
(4) If either you or FNG wants to arbitrate a claim, you or FNG must first send by mail to the other a written Notice of Dispute (“Notice”) that sets forth the name, address, and contact information of the party giving notice, the specific facts giving rise to the Dispute, the FNG Service to which the Notice relates, and the relief requested. Your Notice to the FNG must be sent by mail to Arbitration Notice of Dispute, Level 3, 4-16 Yurong Street, Darlinghurst, New South Wales 2010, Australia. FNG will send any Notice to you at the contact information we have for you or that you provide. It is the sender’s responsibility to ensure that the recipient receives the Notice. During the first 45 days after you or we send a Notice to the other, you and we may try to reach a settlement of the Dispute.
(5) If you and we do not resolve the Dispute within 45 days, either you or we may initiate arbitration in accordance with the rules and procedures provided for by the ACICA. A form for initiating formal arbitration may be found on the ACICA’s website at http://acica.org.au (“Arbitration Form”). In addition to filing this Arbitration Form with ACICA in accordance with its rules and procedures, you must send a copy of this completed Arbitration Form to FNG at the address listed above to which you sent your Notice of Dispute.
(6) Regardless of how the arbitration proceeds, the arbitrator shall issue a reasoned written decision sufficient to explain his or her findings and conclusions.
(7) The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. The arbitrator may not order FNG to pay any monies to or take any actions with respect to persons other than you, unless FNG explicitly consents in advance, after an arbitrator is selected, to permit the arbitrator to enter such an order. YOU AND FNG AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE OR MULTI-CLAIMANT PROCEEDING. Further, unless FNG agrees, the arbitrator may not consolidate other persons’ claims with yours, and may not otherwise preside over any form of a representative, multi-claimant or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Arbitration Agreement shall be null and void, but the rest of this Agreement, including the provisions governing where actions against FNG must be pursued, will remain in effect.
(8) You and FNG agree to maintain the confidential nature of the arbitration proceeding and shall not disclose the fact of the arbitration, any documents exchanged as part of any mediation, proceedings of the arbitration, the arbitrator’s decision and the existence or amount of any award, except as may be necessary to prepare for or conduct the arbitration (in which case anyone becoming privy to confidential information must undertake to preserve its confidentiality), or except as may be necessary in connection with a court application for a provisional remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or court order.
The Agreement will be governed by, and construed in accordance with, the laws of the State of New South Wales, Australia, 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 FNG agree to submit to the exclusive jurisdiction of the courts located in the State of New South Wales, Australia to resolve any Dispute arising out of the Agreement or the FNG 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, THIS WEBSITE OR THE FNG SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER SUCH CAUSE OF ACTION ACCRUES. AFTER SUCH PERIOD, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
You agree to indemnify and hold FNG, its FNG 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 Website or the FNG 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 FNG Services.
FNG does not knowingly accept, via the FNG 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. FNG requests that you do not make any unsolicited submissions. Any similarity between an unsolicited submission and any elements in any FNG or Affiliated FNG creative work including, without limitation, a film, series, story, title or concept would be purely coincidental. If you do send any submissions to FNG via the FNG 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 FNG; (ii) any such unsolicited submissions and copyright become the property of and will be owned by FNG (and are not User Content licensed by you to FNG under “Your Proprietary Rights in and License to Your User Content”) and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as FNG 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 FNG or FNG Affiliates relating to any unsolicited submissions by you, including, without limitation, unfair competition, breach of implied contract or breach of confidentiality.
FNG may, from time to time, post FNG employment opportunities on the FNG 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 FNG in response to employment listings, you are authorizing FNG to utilize this information for all lawful and legitimate hiring and employment purposes. FNG also reserves the right, at its sole discretion, to forward the information you submit to its FNG Affiliates for legitimate business purposes. Nothing in this Agreement or contained in the FNG Services will constitute a promise by FNG to contact, interview, hire or employ any individual who submits information to it, nor will anything in this Agreement or contained in the FNG Services constitute a promise that FNG will review any or all of the information submitted to it by users of the FNG Services.
The failure of FNG 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 FNG may be required by Applicable Law to send to you will be effective upon FNG’s sending an e-mail message to the e-mail address you have on file with FNG or publishing such notices on the informational page(s) of the Website.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and FNG as a result of this Agreement or your use of the FNG 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 FNG’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the FNG Services or information provided to or gathered by us in connection with such use.
Please contact us at: Contact FXTV.INFO@fox.com with any questions regarding this Agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.