Last Updated: October 11, 2019
1. Scope and Acceptance
- The terms and conditions in this document;
- Additional terms and conditions that we may provide in association with certain Watch it Kid Services (“Additional Terms), such as terms that are specific to particular Watch it Kid Services and/or rules for participation in certain Watch it Kid activities (“Rules”), including contests and sweepstakes (“Promotions”).
3. Termination of Use of Watch it Kid Services
You may terminate your subscription or registration for WIK Services at any time, for any reason by visiting the Site and clicking on the “Account” page (or similar), going to “Membership Settings” and following the instructions for cancellation on the applicable app store where you purchased the WIK Services. However, WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-BILLING PERIOD OR PARTIAL SUBSCRIPTION PERIODS OR FOR UNWATCHED CONTENT ACCESSIBLE THROUGH THE WIK SERVICES, unless required by law. Please note if you signed up via our website you must cancel through a web browser on your computer or tablet. The option to cancel will not be available on the App on your mobile devices. If you experience any issues canceling, please email us at firstname.lastname@example.org with the email address you signed up with. If you have subscribed to WIK Subscription Services (as defined in section 4(e) below), you will continue to have access to your WIK Subscription Services until the end of your current subscription period.
For Users residing or accessing content in the United Kingdom, Australia or Austria, you may cancel your Subscription Service within fourteen days of purchase by emailing us at email@example.com For Users residing or accessing content in Australia, and who have entered into this contract through telemarketing, you may cancel your Subscription Service within fourteen days of purchase by emailing us at firstname.lastname@example.org.
At any time, in our sole discretion, we may choose to provide refunds, discounts, or other consideration (“credits”) to some or all of our Users. If we choose to provide credits at a particular time, it will not obligate us to provide credits to you or others at any point in the future unless required by law.
4. How to Access Video Content
a. Have a WIK ready device
To access and use certain WIK Services, including video content, you will be required to use devices and other technology meeting certain system, configuration and other requirements (a “WIK ready device”). For more information on these platform requirements, contact us at email@example.com. You should ensure that you have a WIK ready device prior to purchasing or ordering any WIK Services.
b. Internet Connectivity
Your WIK ready device must be connected to the internet via a data plan through your mobile provider, wireless (“WiFi”), or ethernet to operate the WIK Services or temporarily download select Video Content for offline viewing on certain mobile devices. To operate the WIK Services, you need to: (i) download the App from a third-party app store; (ii) access the WIK application or channel through a third-party platform; or (ii) visit the Site to purchase the WIK Services directly from WIK.
d. User Registration
The WIK Registered Accounts are for individual use only. Your account is personal to you and you may not transfer it to any other party. You are responsible for protecting and maintaining the confidentiality of your User Credentials. You may be responsible and liable for access to or use of the WIK Services—including uses that may incur fees—by any person or entity using your User Credentials, whether or not you have authorized such access or use. We are not responsible or liable for any loss or damage arising from your failure to maintain the confidentiality of your User Credentials. You must immediately notify us if and when you become aware of, or reasonably suspect, any unauthorized use of your User Credentials or any other breach of security by emailing us at firstname.lastname@example.org. To help protect you and the WIK Services, if we have a reasonable belief that a person or entity is engaging in unauthorized use of your User Credentials, we may deny access, use and registration privileges to that person or entity
e. Pay a Fee
Some audio-visual Content made available on or through the WIK Services (the “Video Content”) may be accessed and viewed by paying a fee.
f. Subscription Service License and Terms
After your or our termination of Subscription Services or at the end of the Subscription Term (whichever is earlier), if your Subscription does not automatically renew, you will no longer be able to access or view any Subscription Video Content as part of the Subscription Services. We will provide you with notice that your Subscription Term is ending or has ended. You agree that your WIK account is for personal, non-commercial use only and is limited to only one stream at any particular time.
Some Subscription Video Content may be accessed through:
- Streaming-on-demand on an unlimited basis (as long as the User remains a subscriber of the Subscription Service), and/or
- Temporary download basis, in which you can temporarily download the Video Content via the WIK Service. Your WIK ready device must be connected to the internet via a data plan through your mobile provider or WiFi to temporarily download select Video Content for offline viewing. Once you select and download Video Content, you can watch the downloaded Video Content for seven (7) days from the date of your download or, if earlier, until the Video Content expires. After the seven (7) day period, or if shorter, after the end of that shorter period, you are still an active subscriber to the WIK Services, you may download the Video Content again, provided the Video Content is still available as part of the WIK Services.
g. Availability of Video Content
We strive to provide a great selection of Video Content to you through the WIK Services. We may add, remove, or disable access to certain Video Content or some or all of the WIK Services at our sole discretion. You understand that the Video Content and WIK Services available to you may change over time, including during your subscription or video-rental period. In addition, some Video Content may not be available in your geographic region or may not be accessible to you based on your equipment or other factors.
To the maximum extent permitted by applicable law, we are not liable for the removal of or disabling of access to any WIK Services, content, materials or functionality of the WIK Services.
5. Pricing and Payment Terms
You agree to pay in full the prices and fees for any purchases that are made using your User Credentials via credit, debit or other payment methods that we accept at the time of purchase
The Content made available on the WIK Services is offered at different prices as set forth on the applicable portion of the WIK Services. We reserve the right, as permitted by law, to change any and all prices for any Content at any time or as frequently as permissible in the jurisdiction in which you reside, for any reason, by updating the prices set forth on the applicable portion of the WIK Services. If we increase the price of the WIK Subscription Service, we will provide you with prior written notice. If you do not wish to keep your subscription at the increased price, you may cancel your Subscription Service by following the steps set out in section 3 (Termination of Use of WIK Services) prior to the end of the then current billing period.
c. Payment Methods Accepted
We accept Pay Pal, Visa, MasterCard, American Express, and Discover credit cards, and Visa debit cards as forms of payment (the “Payment Methods”), subject to certain restrictions, including, without limitation, territory restrictions, bank/payment card restrictions, spending limits, third party service provider restrictions or otherwise, which may prevent the processing of your order. If a payment card company is being used for a transaction, WIK may obtain a pre-approval from the applicable issuer of your chosen Payment Method for an amount up to the amount of the order. You will be solely responsible where the issuer of your chosen Payment Method charges you a foreign transaction fee. Refer to your Payment Method issuer for further information. All purchases of fee-based Video Content are final once you click the “Pay Now” or similar button and billing to your chosen Payment Method occurs at such time or shortly thereafter.
d. Payment for Subscription Services
You can find the specific details regarding your subscription to WIK Services at any time by clicking on “Account”.
By starting Subscription Services, you authorize us and any of our authorized third party payment processors or third-party distributors, as applicable, to charge you the fees for your subscription at the then-current rate (the “Subscription Fees”), and any other charges you may incur in connection with your use of the WIK Services, to the payment method you provide during registration of the Subscription Service (or to a different payment method if you change your account information). You permit our authorized payment processors or distributors, or service providers on their behalf, to store information as needed to facilitate billing and payment.
We (or our authorized payment processors or distributors) will bill you the Subscription Fee for each billing period described when you purchase a subscription (“Billing Period”), unless and until you cancel your subscription. We (or our authorized payment processors or distributors) will automatically bill your stored Payment Method on the calendar day corresponding to the beginning of each of your Billing Periods.
If you change your Payment Method, this could result in changing the calendar day upon which you are billed for each Billing Period. If your paid subscription begins on a day not contained in a given month, and your Billing Period is every month, your Payment Method will be billed on the last day of such month. For example, if your paid WIK Services subscription starts on March 31st, your next payment date is April 30th, and your Payment Method would be billed on that date.
Please note that you may be offered a promotional price, such as a trial subscription, that is available for the length of time disclosed on your offer. In the event that a promotional offer expires for your Subscription, you authorize us (or our authorized payment processors or distributors) to charge your Payment Method for an increased amount, pursuant to the terms of such promotional offer disclosed to you when you accepted such promotional price. The total cost of your subscription will include applicable taxes that are not accounted for in the subscription price. If you want to change or update your Payment Method, visit “My Account” in the WIK Services. If your payment method expires and you do not update or change your payment method or cancel your Subscription, you authorize us (or our authorized payment processors or distributors) to continue billing your Payment Method, and you remain responsible for any uncollected amounts.
Your subscription to the WIK Services automatically renews unless the subscription is terminated, as described in Section 3 above. By subscribing to the WIK Services, you agree to and authorize WIK and/or third party platforms or providers to charge you for the subscription fee at the then-current rate, and any other charges you may incur in connection with your use of the WIK Services, to the then-current payment method on file with WIK or such third party platform or provider, as applicable. Your payment method will be charged within twenty-four (24) hours prior to the end of the current subscription period at the then-current rate.
Once you have subscribed to the WIK Services, you will receive an auto-generated email confirming your subscription.
e. Unwatched Video Content
You are responsible for any taxes imposed on any fee-based transactions conducted on or in connection with the WIK Services. Fee-based transactions on the WIK Services may include, without limitation, sales tax, use tax and any other applicable taxes, which may be based on various factors, including, but not limited to, the bill-to address and tax rates in effect at the time your transaction is completed. In Australia, fee-based transactions will include GST (as defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth)). Users are not eligible for tax exemptions for transactions made on the WIK Services.
g. Additional Terms for iTunes Subscribers
If you subscribe to the WIK Services via iTunes, the following terms shall also apply.
- Payment will be charged to your iTunes Account at confirmation of purchase.
- Your subscription automatically renews unless auto-renew is turned off at least 24-hours before the end of the current period.
- Your account will be charged for renewal within 24-hours prior to the end of the current period, and will identify the cost of the renewal.
- Subscriptions may be managed by the user and auto-renewal may be turned off by going to the User’s Account settings after purchase.
h. Unpaid Amounts
We reserve the right to pursue any amounts you fail to pay in connection with your purchase of WIK Services. If payment is not received by us (or our authorized processors or distributors) from your credit, debit or charge card issuer or its agents or other payment service provider, you remain responsible for uncollected amounts and agree to promptly pay all amounts due upon demand by us (or our authorized processors or distributors). You will, to the maximum extent allowed by law, remain liable to WIK for all such amounts and all necessary costs we incur in connection with the collection of these amounts, including, without limitation, collection agency fees, reasonable attorneys’ fees, and arbitration or court costs.
6. Free Trials
On occasion, we may offer free trial subscriptions to qualified users. If we offer you a free trial, the specific terms of your free trial will be presented to you before or during sign-up. Restrictions and limitations on eligibility may apply.
If you do not cancel your subscription to WIK Services before the end of last day of the free trial, your subscription will be automatically converted from a free trial to a subscription to WIK Services and you will be charged for your subscription at the end of the last day of your free trial. If the free trial converts to a paid subscription subject to the terms presented to you prior to or during sign up, you authorize us to begin billing your payment method for the subscriber fee at the end of the free trial period of your subscription unless you cancel prior to the end of the free trial period. To view the specific details of your subscription, including monthly subscription price and end date of your free trial period, visit the WIK Services and click the “Memberships” link (or similar) on the “My Account” page or contact us at email@example.com. We may pre-authorize your payment method, and you authorize us to do so. In some instances, your available balance or credit limit may be reduced to reflect the authorization; however, IF YOU CANCEL PRIOR TO THE END OF YOUR FREE TRIAL, THERE WILL BE NO CHARGES TO YOUR PAYMENT METHOD. CLICK THE “MY ACCOUNT” LINK FOR CANCELLATION INSTRUCTIONS.
7. Advertisements and Third Party Links
The WIK Services may include or display URLs, hyperlinks, or other similar technologies that, if used, will redirect you to websites, mobile apps, or other services offered by third parties that we do not control. We do not necessarily verify or endorse, or recommend that you access, these platforms and we do not provide any guarantees to their web content, services, or products. The platforms may be permitted to use our logos, other trademarks, or other information that identifies us, but this doesn’t mean that we endorse the platforms. Unless we expressly state otherwise, to the maximum extent permitted by law, we are not responsible for the activities or data practices on third party platforms (including privacy practices and policies) or any goods and services available in connection with the third party platforms. By making third-party services available to you, we do not, to the maximum extent permitted by applicable law, assume any obligations, responsibility or liability for the practices of such third parties.
8. Your Use of the Watch it Kid Services
We want to keep the WIK Services safe and fun for everyone. We do not permit unlawful or harmful use of the WIK Services. Accordingly, you represent, warrant and agree that:
- In cases where you have authorized a minor to use the Site, you are fully responsible for: the online conduct of such minor; controlling the minor’s access to and use of the Site and Content; and the consequences of any use or misuse by the minor.
- You will make timely and satisfactory payment for any Content purchased by you on or in connection with the WIK Service. You agree that all of the personal information and payment information that you provide is truthful and accurate. If we suspect that the personal information and/or payment information that you have provided is untrue, inaccurate, not current, or incomplete, we may, to the maximum extent permitted by law, suspend or terminate your current and future access to WIK Services without liability or obligation to you or any third party.
- Some Content on the WIK Services may be protected by technologies (commonly known as Digital Rights Management technology) or rules. These technologies may limit or restrict access and use of the Content. You understand that these technologies are in place to protect the intellectual property rights of the Content producers, WIK, and our business partners and licensors. Accordingly, you agree that you will respect and will not attempt to violate or infringe any technologies or rules that protect Content, and that you will not and will not assist or encourage anyone to copy, distribute copies, modify, adapt, translate, reverse engineer, decompile, or disassemble software used to provide the WIK Services, or create any derivative works from or of such software.
- You will not intentionally or unintentionally engage in or encourage conduct that affects adversely or reflects negatively on WIK, the WIK Services, our goodwill, name, or reputation. You also agree not to discourage any person or entity from using the WIK Services or doing business with us.
- You will not use the WIK Services for commercial or business reasons, including pyramid schemes or exploiting information or material obtained in connection with the WIK Services. This includes linking with another website or mobile application and all forms of compensation.
- You will not solicit usernames, passwords, or other personal information of WIK Services Users for your personal gain or for unlawful purposes. This includes the collection and use of information for spamming, flooding, harvesting of email addresses or other personal information, “spidering”, “screen scraping”, “phishing”, “database scraping”, or any other activity with the purposes of obtaining lists of Users or other information.
- You will not cause the WIK Services to be affected with malware, including software viruses, spyware, Trojan horses or other computer code, files or programs designed to interrupt, impair, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. Similarly, you agree that you will not otherwise affect the normal operations of the WIK Services by, for example, causing the modification, disruption, impairment, or interference with the use, features, function, operation or maintenance of the WIK Services or the rights or use of the WIK Services by others.
- You will not impersonate any person or entity while using the WIK Services: You agree that you will not impersonate or falsely state or represent your affiliation with a person or entity, or provide us or other WIK Services Users with false or misleading indications of origin.
- You will post or transmit only appropriate content on the WIK Services and content that you have a legal right to post or transmit where features of the WIK Services allow you to submit, post, email, display, transmit, or otherwise make available content or materials (“User Postings”). You will not post or transmit content or material that that is known by you to be false, inaccurate or misleading, or that infringes any patent, trademark, trade secret, copyright, right of publicity, or other right of any party. We strive to keep the WIK Services a safe and fun environment for Users. You will not post or transmit content or materials that we reasonably believe to be unlawful, harmful, threatening, abusive, tortious, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy or publicity rights, harassing, profane, obscene, vulgar or that contains explicit or graphic imagery, descriptions or accounts of excessive violence or sexual acts or contains a link to an adult website or is patently offensive, promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.
- You will not post or transmit content or materials that you do not have a right to make available under any law, rule or regulation or contractual or fiduciary relationships, or otherwise creates a security or privacy risk for any other person or entity. For example, you may not post or transmit proprietary or confidential information subject to a non-disclosure agreement or employer confidentiality agreement on or through the WIK Services.
- You understand that by using the WIK Services, you may encounter Content that you might find offensive, indecent, or objectionable, and that this Content may or may not be flagged as potentially objectionable. Any Content types, ratings, and descriptions are only provided for convenience, and we do not guarantee their accuracy or availability. You understand that you are using the WIK Services at your sole risk and that to the maximum extent permitted by law, we have no liability to you in connection with any Content you find to be offensive, indecent, or otherwise objectionable.
9. Our Intellectual Property Rights
We own or license all right, title and interest in and to the WIK Services. All content contained in or made available through the WIK Services is protected by copyright, trade secret, and other applicable intellectual property laws, rules, regulations and treaties. The content includes, without limitation, all films, video, audio/visual content, music (including the musical compositions therein), artwork, photographs, illustrations, graphics, logos, copy, text, computer code, software, data, user interfaces, visual interfaces, information, materials, and all copyrightable or otherwise legally protectable elements of the WIK Services, including, without limitation, the design, selection, sequence, look and feel, and arrangement of the WIK Services, and any copyrights, trademarks, service marks, trade names, trade dress, patent rights, database rights and/or other intellectual property and/or proprietary rights therein (including with respect to any content contained and/or made available in any advertisements or information presented to you via the WIK Services). Unless the context clearly requires otherwise or we explicitly set forth in writing, the term “WIK Services” includes such content.
10. Copyright and Intellectual Property Claims
If you believe that content available through the WIK Services infringes upon your copyright or other intellectual property rights, you may submit a notification by providing our Copyright Agent (set forth below) with the following information in writing:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the work claimed to have been infringed, or, if multiple works on the WIK Services are covered by a single notification, a representative list of such works on the WIK Services;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity 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;
- For each work, identification of the infringement that is claimed, which country or countries the work is being infringed, as well as the date and time of the infringement;
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if applicable, e-mail address;
- 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 intellectual property owner, its agent or the law; and
- A statement that the information in the notification 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.
Written notification of claimed infringement must be submitted to the following Copyright Agent:
If access to your content has been disabled or your content was removed and you believe such content is not infringing, you may send a counter-notice containing the following information to our Copyright Agent:
Watch it Kid
c/o Invincible Entertainment Partners LLC
712 Bethlehem Pike
Flourtown, PA 19031
- Your physical or electronic signature;
- Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the content was removed or disabled as a result of a mistake or a misidentification of the content; and
- Your name, address, telephone number, and, if applicable, e-mail address, and a statement that you shall accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by our Copyright Agent, WIK may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the owner files an action seeking a court order against the content provider or the User, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at WIK’s sole discretion.
11. Customer Support
For assistance with billing questions, technical issues, order inquiries, or other issues related to the WIK Services, please reach out to our customer service support by firstname.lastname@example.org.
12. Personal Information
15. DISCLAIMER AND LIMITATIONS OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, THE WIK SERVICES, AND ALL CONTENT, PRODUCTS, SERVICES AND USER POSTINGS ARE MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THAT THE WIK SERVICES WILL BE AVAILABLE FOR USE, OR THAT ALL PRODUCTS, FEATURES, FUNCTIONS, SERVICES OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED. WIK DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT THE WIK SERVICES OR THE USE OF YOUR WIK ACCOUNT WILL BE: (I) UNINTERRUPTED, SECURE, VIRUS-FREE OR ERROR-FREE, OR (II) FREE FROM ATTACK OR SECURITY INTRUSION. ALL IMPLIED REPRESENTATIONS, WARRANTIES AND CONDITIONS RELATING TO THIS SITE, AND ALL CONTENT, PRODUCTS, SERVICES AND USER POSTINGS ARE HEREBY DISCLAIMED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ANY THIRD PARTY THAT OWNS OR OPERATES THE APP STORE OR PLATFORM THROUGH WHICH YOU CAN ACCESS AND/OR DOWNLOAD THE WIK SERVICES, THEIR AFFILIATES, VENDORS, AGENTS AND SUPPLIERS, AS APPLICABLE, GIVE ANY WARRANTY, HAVE ANY RESPONSIBILITY OR HAVE ANY LIABILITY WITH RESPECT TO YOUR USE OF THE WIK SERVICES ,OR ANY CONTENT OR FUNCTIONALITY IN THE WIK SERVICES, NOR SHALL THEY BE RESPONSIBLE FOR PROVIDING SUPPORT SERVICES WITH RESPECT TO THE WIK SERVICES.
Without limiting the foregoing, to the extent permitted by law we are not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of the WIK Services. You understand, acknowledge and agree that you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security and validity of any and all features and functions of the WIK Services, including, without limitation, User Postings and Content associated with your use of the WIK Services.
YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WIK, ITS AFFILIATES, PARENT, SUCCESSORS AND ASSIGNS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OPERATIONAL SERVICE PROVIDERS, ADVERTISERS AND SUPPLIERS, SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE LOSS OR DAMAGE WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), EQUITY, UNDER STATUTE OR ON ANY OTHER BASIS.
You further understand and acknowledge the capacity of the WIK Services, in the aggregate and for each User, is limited. Consequently, some messages and transmissions, including, without limitation, User Postings, may not be processed in a timely fashion or at all, and some features or functions may be restricted or delayed or become completely inoperable. As a result, you acknowledge and agree that WIK assumes no liability, responsibility or obligation to transmit, process, store, receive or deliver transactions or User Postings or for any failure or delay associated with any User Postings and you are hereby expressly advised not to rely upon the timeliness or performance of the Site for any transactions or User Postings.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
16. Terms Applicable to Third Party Platform Providers
17. Electronic Signature and Contracts
When you use the WIK Services, you can enter into agreements and make purchases electronically. You agree to the use of electronic records and signatures in association with the WIK Services. Your agreement and intent to use electronic records and signatures applies to all transactions you enter into on the Service Services, including without limitation and to the full extent allowed by law, notices of cancellation, policies, contracts, and applications. If you do not wish to use electronic records and signatures, do not use the WIK Services.
You may have a legal right to receive certain information from us in writing. You agree that we may use e-mail and other electronic means to provide you with such information as well as for other communications. To access and retain this information you will need to provide us with an active e-mail account, and you must have an Internet-connected device that is capable of receiving HTML e-mails and a method of storing or printing those e-mails. You may have a legal right to receive paper copies of certain notices. To receive such copies, contact us at email@example.com. To update your contact information, visit the “Account” section of the WIK Services.
You confirm that you have the ability to access and retain e-mails.
18. Force Majeure
WIK shall not have any liability to you by reason of any delay or failure to perform any obligation hereunder if the delay or failure to perform is occasioned by force majeure, which shall refer to any act of God, storm, fire, casualty, unanticipated work stoppage, power outage, satellite failure, strike, lockout, labor dispute, civil disturbance, riot, war, national emergency, Governmental action or other cause beyond WIK’s reasonable control.
19. Geographic Availability
The WIK Services are intended for viewing solely within the United States, Canada, United Kingdom, Ireland, Germany, Austria, Australia, New Zealand and each of their respective territories, possessions and protectorates (the “Territories”). WIK makes no representations that materials or other Video Content in the WIK Services are appropriate or available for use outside of the Territories.
20. Dispute Resolution
If you live in Australia, you can bring legal proceedings in respect of the Services in the courts of Australia or the relevant State or Territory in which you live. Where you do, you submit to the non-exclusive jurisdiction of the relevant court in Australia. Dispute Resolution Provisions for U.S. Customers
THE PARTIES AGREE THAT THE ARBITRATOR, AND NOT ANY FEDERAL, STATE, PROVINCIAL OR LOCAL COURT OR AGENCY, SHALL HAVE EXCLUSIVE AUTHORITY TO RESOLVE ANY DISPUTES RELATING TO THE INTERPRETATION, APPLICABILITY, ENFORCEABILITY OR FORMATION OF THIS AGREEMENT TO ARBITRATE, INCLUDING ANY CLAIM THAT ALL OR ANY PART OF THIS AGREEMENT TO ARBITRATE IS VOID OR VOIDABLE. THE ARBITRATOR SHALL ALSO BE RESPONSIBLE FOR DETERMINING ALL THRESHOLD ARBITRABILITY ISSUES, INCLUDING ISSUES RELATING TO WHETHER THE TERMS ARE UNCONSCIONABLE OR ILLUSORY AND ANY DEFENSE TO ARBITRATION, INCLUDING WAIVER, DELAY, LACHES OR ESTOPPEL.
TO THE FULLEST EXTENT PERMITTED BY LAW: (I) YOU EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO ARBITRATE A DISPUTE AS A CLASS ACTION; AND (II) YOU ALSO EXPRESSLY WAIVE YOUR RIGHT TO A JURY TRIAL.
THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES), AND MUST FOLLOW THE TERMS AS A COURT WOULD.
THE ARBITRATION WILL BE HELD IN NEW YORK, NEW YORK. IF THIS LOCATION IS NOT CONVENIENT FOR YOU, PLEASE LET US KNOW. WE WILL WORK WITH YOU TO DETERMINE A MUTUALLY CONVENIENT LOCATION. ANY DISAGREEMENTS REGARDING THE FORUM FOR ARBITRATION WILL BE SETTLED BY THE ARBITRATOR.
DISPUTES WILL BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ACTION. IN THE EVENT THAT ARBITRATION IS NOT PERMITTED BY APPLICABLE LAW: (I) THE PARTIES EXPRESSLY AGREE THAT ANY DISPUTE WILL BE BROUGHT AND HEARD SOLELY AND EXCLUSIVELY IN THE FEDERAL OR STATE COURTS OF COMPETENT JURISDICTION LOCATED IN PHILADELPHIA, PENNSYLVANIA. THE PARTIES WAIVE ANY PLEA OR DEFENSE THAT SUCH COURTS ARE NOT THE APPROPRIATE VENUE OR THAT THEY ARE NOT SUBJECT TO PERSONAL JURISDICTION OF SUCH COURTS.
THE ARBITRATION WILL BE ADMINISTERED BY JAMS. YOU MAY OBTAIN A COPY OF THE RULES OF JAMS BY CONTACTING THE ORGANIZATION. EACH OF US SHALL AGREE ON ONE ARBITRATOR TO CONDUCT THE ARBITRATION. IN THE EVENT THE PARTIES CANNOT AGREE ON AN ARBITRATOR, THE ARBITRATOR WILL BE SELECTED IN ACCORDANCE WITH THE JAMS RULES.
IF YOU INITIATE ARBITRATION, YOUR ARBITRATION FEES WILL BE LIMITED TO THE FILING FEE SET FORTH BY JAMS. REGARDLESS OF WHO INITIATES ARBITRATION, WIK WILL PAY YOUR SHARE OF ARBITRATION FEES (NOT INCLUDING YOUR ATTORNEYS’ FEES) UP TO A MAXIMUM OF $2,500. IF THE ARBITRATOR RULES AGAINST WIK, IN ADDITION TO ACCEPTING WHATEVER RESPONSIBILITY IS ORDERED BY THE ARBITRATOR, WIK WILL REIMBURSE YOUR REASONABLE ATTORNEYS’ FEES AND COSTS UP TO A MAXIMUM OF $5,000, REGARDLESS OF WHO INITIATED THE ARBITRATION, UNLESS THE ARBITRATOR FINDS SOME OR ALL OF YOUR CLAIMS TO BE FRIVOLOUS OR TO HAVE BEEN BROUGHT IN BAD FAITH. IN ADDITION, IF THE ARBITRATOR RULES IN WIK’S FAVOR, IT WILL NOT SEEK REIMBURSEMENT OF OUR ATTORNEYS’ FEES AND COSTS, REGARDLESS OF WHO INITIATED THE ARBITRATION, UNLESS THE ARBITRATOR FINDS SOME OR ALL OF YOUR CLAIMS TO BE FRIVOLOUS OR TO HAVE BEEN BROUGHT IN BAD FAITH.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS SECTION, TO THE EXTENT EITHER PARTY IN ANY MANNER HAS VIOLATED OR THREATENED TO VIOLATE THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS, THE NON-BREACHING PARTY MAY SEEK INJUNCTIVE OR OTHER APPROPRIATE RELIEF IN ANY STATE, PROVINCIAL OR FEDERAL COURT OF COMPETENT JURISDICTION.
EXCEPT AS OTHERWISE PROHIBITED BY LAW, ANY DISPUTE MUST BE BROUGHT WITHIN ONE (1) YEAR FROM THE DATE THE CAUSE OF ACTION ARISES.
IN THE EVENT THAT ANY PROVISION OF THE AGREEMENT TO ARBITRATE IS HELD INVALID OR UNENFORCEABLE, ALL OTHER TERMS WITHIN THE AGREEMENT TO ARBITRATE SHALL REMAIN IN FULL FORCE AND EFFECT
IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THIS AGREEMENT, YOUR USE OF THE SITE OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.
YOU MAY ALSO BE ENTITLED TO CERTAIN CONSUMER PROTECTION AND OTHER RIGHTS UNDER THE LAWS OF YOUR LOCAL JURISDICTION.
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