What’s new in these updated Terms of Use?
We have revised the Terms of Use for our current and future desktop and mobile websites, mobile applications, digital messages and marketing (including without limitation, email and text messaging campaigns), and any other digital platforms, services, and networks which are currently or in the future owned or operated by Adult Swim, or for which Adult Swim currently or in the future provides services or technology (collectively, the “Sites”). Some of the key changes are summarized below, but please take the time to read the full Terms of Use. You accept and agree to be bound by these Terms of Use when you use any Sites or Services, including, without limitation, when you view or access content or videos on or through the Sites.
IMPORTANT NOTICE: THESE TERMS OF USE ARE SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN SECTIONS 19 and 20 BELOW.
1. Introduction
Welcome to AdultSwim. The terms and conditions set forth herein (“Terms of Use”) and the Adult Swim Privacy Policy constitute a binding agreement between you and Cartoon Interactive Group, Inc., including its present and future subsidiaries (“Adult Swim”) with respect to your use of the Sites and our “Services” (see Section 3 below for a definition of “Services”). Any defined terms used in the Terms of Use (such as “Sites,” “Services,” and “Adult Swim”) have the meanings given to them in these Terms of Use. When you see “we,” “our,” and “us” in these Terms of Use, it means Adult Swim, the provider of the Services. When you see “you” and “your,” it means you, the end user of the Services we provide.
These Terms of Use include important information and set forth the “rules” for your use of our Services. We update these Terms of Use from time to time, so please check back frequently. By using the Sites and the Services, you affirm that you are at least 18 years of age (or have reached the age of majority if that is not 18 years of age where you live) or that you have reviewed these Terms of Use with your parent or legal guardian and he or she agrees to these Terms of Use on your behalf and takes full responsibility for your compliance with them. You agree that you (and your parent or guardian) are fully able and competent to enter into and comply with these Terms of Use. Access to and use of certain features or functions of the Sites or Services may only be available to those individuals eighteen years of age or older, or other ages as Adult Swim deems appropriate for a particular feature or function in its discretion. If you are under 18 years of age, you understand that you cannot later void this agreement with Adult Swim as a minor without losing access to your Account and the Sites and your parents being held responsible for your actions and any obligations you have incurred while enjoying the benefits of access to the features and functions of the Sites as if you were an adult.
2. Agreement
By using the Services, you are signifying your agreement with these Terms of Use and Privacy Policy. Please read these Terms of Use and Privacy Policy carefully before using any Services. These Terms of Use and Privacy Policy set forth the terms and conditions upon which you may use the Services that we provide and constitute a legally binding contract between you and Adult Swim. If you do not agree with the Terms of Use, or any part of them, do not use the Services, which are designed solely for your entertainment purposes. You acknowledge that these Terms of Use and Privacy Policy are supported by reasonable and valuable consideration, the receipt and sufficiency of which you acknowledge by using the Services, including, without limitation, your enjoyment and use of the Services and all features and activities made available through the Services, your receipt of data, materials and information made available through the Services, and the possibility of our use or display of End User Content (see Section 7 below for a definition of “End User Content”). We reserve the right, in our sole discretion, to update these Terms of Use from time to time when we deem appropriate. Changes shall become effective ten (10) days after they are posted on the Sites or within the Services (“Effective Change Date”). These Terms of Use and Privacy Policy cannot be changed orally. Please review these Terms of Use and Privacy Policy periodically. Your continued use of the Services following the Effective Change Date will constitute your acceptance of those updated Terms of Use and/or Privacy Policy.
Supplemental terms and conditions may apply to some of the Services or Software we provide and will be disclosed to you in connection with the particular Services or Software. Those supplemental terms and conditions are in addition to, not in lieu of, these Terms of Use, but in the event of any conflict between those supplemental terms and these Terms of Use, those supplemental terms will prevail to the extent of the conflict.
3. Services
a. License to use Services
The “Services” include services we provide to you through the Sites, “Third Party Platforms” (see Section 23 below for a definition of “Third Party Platforms”), and other locations which post, incorporate by reference, or link to these Terms of Use. Examples of the Services we may provide include, but are not limited to, games (including games that are downloadable, in whole or in part, or playable through a browser), activities, chat, forums, audio-visual content, and mobile applications. We may change, add to, or delete the Services we offer, in whole or in part, for any reason at any time in our sole discretion. Subject to your continuing compliance with these Terms of Use, Adult Swim grants you the limited, personal, non-exclusive, non-transferable, revocable right during the Term to use the Services solely for your non-commercial, entertainment purposes, in a manner consistent with these Terms of Use. All rights not expressly granted by Adult Swim herein are reserved to Adult Swim, and no license, permission or right of access or use not granted expressly herein shall be implied. The Services are for the personal use of individual users and may not be transferred, assigned, or used in connection with any commercial or illegal endeavors. Organizations, companies, and businesses may not become registered members and should not use the Services for any purpose.
b. Access to Services
You understand and agree that Adult Swim may discontinue, and has no obligation to continue providing, any aspect of the Services, or all of the Services in their entirety, at any time in its discretion. To use the Services, you acknowledge and agree that you may be required to (i) have a valid Account (some features of the Services are only accessible through creation of an Account), (ii) download and install certain Software which allows you to use the Services, (iii) have an Internet connection or access to a wireless network (which Adult Swim does not provide and which may impact your ability to access the Services from time to time for reasons outside of Adult Swim’s control), and (iv) download and install certain third party software (“Third Party Software”) (which Adult Swim does not provide, which may not work on your computer, game platform or mobile device, and which may impact your ability to access the Services for reasons outside of Adult Swim’s control) and enter into a separate agreement with such third party for access to and use of such Third Party Software.
c. Premium Items and Virtual Currency
As part of the Services, Adult Swim may offer you the ability to license in-game or in-app points, tokens, or other forms of in-game virtual currency however denominated (“Virtual Currency”) and in-game items, features and elements such as accessories, equipment and additional content and levels (“Premium Items”). Virtual Currency and Premium Items may also be earned through game play. Regardless of the name used to identify Virtual Currency, you understand and agree that all such Virtual Currency represents a limited license to receive virtual goods and services as part of that game in accordance with these Terms of Use. You do not “own” the Virtual Currency or Premium Items. Instead, your possession of Virtual Currency and Premium Items represents a limited, personal, revocable license from Adult Swim to you to use the Virtual Currency and Premium Items in the applicable Services during the Term. You understand and agree that Virtual Currency and Premium Items are not redeemable for any sum of money or monetary value from Adult Swim, or any of its licensors or affiliated companies, and have no value outside of the game. You understand and agree that once you redeem your Virtual Currency within a game, your redemption is final and there are no refunds. You understand and agree that Adult Swim has the absolute right to manage, regulate, control, modify, create and/or eliminate Virtual Currency and Premium Items as it sees fit in its sole discretion, in any general or specific case, and that Adult Swim shall have no liability to you based on its exercise of such right. You understand and agree that unless otherwise authorized by Adult Swim, Virtual Currency and Premium Items may only be used in the game for which they were purchased and in no event may be used outside of that game. If your access to the game expires or is terminated by you or Adult Swim, or if your access to Premium Items or Virtual Currency is terminated or expires for any reason, you understand and agree that the Virtual Currency and Premium Items (and all perceived value associated therewith) shall automatically revert back to Adult Swim and you shall no longer have any right to use or redeem, and you shall have no right to be compensated for, such Virtual Currency or Premium Items (or any perceived value associated therewith). In the event such reversion is not fully recognized or given effect under the law, then, in the case of cancellation or termination, you hereby agree to transfer and assign all remaining Virtual Currency and Premium Items associated with your Account to Adult Swim. In no event will you be entitled to a monetary refund from Adult Swim in connection with any Premium Item or Virtual Currency including for the loss of those items.
d. Promotional Material and Advertising
The Sites and the Services may include promotional material and advertisements for third party products and services. By using the Services and agreeing to these Terms of Use, you are acknowledging and agreeing that you may be able to view such content, promotional materials and advertising as may be displayed and included within the Sites and the Services. You understand and agree that by clicking on a banner advertisement or link from our advertisers and sponsors, you will be taken to other sites, which are not operated by us or under our control. We do not endorse and cannot ensure that you will be satisfied with any products or services that you purchase from a third party site. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Services are solely between you and such advertiser. You agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Services.
4. Software
As part of the Services, Adult Swim may make available to you, for download, installation and use in accordance with and subject to these Terms of Use, certain software programs, including but not limited to mobile games and apps, downloadable/installable games for a personal computer, and games and services accessed by means of a browser, Third Party Platforms, or other online communication methods (collectively, the “Software”). The “Software” includes all associated data, content, graphics, sound effects, music, audio, video, text, updates, upgrades, bug fixes, manuals, packaging and other files, electronic or online materials or documentation, and any and all copies of such software and materials, which allow you to use the Services. The Software is licensed, not sold, to you. We do not transfer title to the Software to you. As to all Software that you download in connection with the Services, the following licensing terms and conditions apply. You may install the Software on any single computer, game platform, or mobile device (e.g., a mobile phone or tablet) and make one (1) copy thereof for backup or archival purposes.
You acknowledge and agree that as between you and Adult Swim, Adult Swim is the sole and exclusive owner of all right, title and interest (including, without limitation, all intellectual property rights) in and to the Software, and that you acquire no rights in any of the same, express or implied, beyond those granted specifically in the current version of these Terms of Use. We may provide updates, patches, upgrades, and enhancements to the Software from time to time in our discretion. However, neither these Terms of Use nor your Account entitle you to any subsequent releases of any Software, any expansion packs or similar ancillary products. You understand that we may update or otherwise enhance the Software at any time and in doing so incur no obligation to furnish such updates to you.
Subject to these Terms of Use, we hereby grant to you a limited, personal, non-exclusive, non-transferable, revocable license during the Term to use the Software solely in connection with accessing the Services in order to play the game or engage in the activity of which the Software is a part. You may not copy (except to install one copy on your fixed drive or storage device), distribute, rent, lease, loan, modify or create derivative works, adapt, translate, perform, display, or sublicense the Software. You may not reverse engineer, disassemble or decompile or otherwise reverse engineer or attempt to reverse engineer or derive source code from, all or any portion of the Software or anything incorporated therein or permit any third party to do so except to the extent that this restriction is expressly prohibited by applicable law. In no event will such reverse engineering be considered “Fair Use” under Federal Copyright law, and you hereby agree to waive any claims of “Fair Use” as a defense for any reverse engineering, including any claims that such reverse engineering is being done for “interoperability purposes” under the Digital Millennium Copyright Act. The Software may contain license management technology, circumvention or disabling of which is prohibited.
For the purposes of updating, patching or otherwise modifying the Software, you hereby grant Adult Swim permission to (a) extract hardware system profile data from your computer or game platform; (b) extract information from your computer’s or game platform’s file directories pertaining to the Software and your ability to access the Services; and (c) download applicable Software, game content and game files to your computer and game platforms that are used to access the applicable Services.
5. Accounts
As part of the Services we provide, you may be able to register for an account (“Account”) and to access the Services through your Account by means of an Internet connection or a wireless network (neither of which Adult Swim provides). You agree to provide true, accurate, current and complete information about yourself as prompted by our registration processes. You shall not impersonate any person or entity or misrepresent your identity, including using another person’s username, password or other account information. You are responsible for all hardware, software, service and other costs you incur to access your Account. You are solely responsible for providing your own Internet or wireless access, any telecommunication charges or other charges which you incur through access and use of the Services, including without limitation any premium charges and surcharges due to bandwidth consumption, and any taxes payable by you in connection with such access and use. Accounts are available only to individual, natural persons who are adults or, in the discretion of such an adult, his or her minor child.
You shall not share your Account with anyone or allow anyone else other than you personally to access or use your Account, other than your parent(s) or guardian(s) who have rights to access and manage your Account if you are a minor. Selling or renting access to another person to your Account for the purpose of allowing them access to the Services is prohibited. You are responsible and liable for all activities conducted through your Account, regardless of who conducts those activities. If you are a parent or guardian, you may permit your child to use the Account instead of you, provided that parents and guardians are liable for the activities of their child.
Upon registration for an Account, you must create a password (“Password”). You shall not disclose your Password to any third party or allow anyone to use your Password to access the Services or your Account. You are responsible for maintaining the confidentiality of your Password and for any damage or harm (for example, lost or deleted Account Attributes, closed Accounts, etc.) resulting from your disclosure or allowing the disclosure of your Password or from use by any person of your Password to gain access to your Account. In no event shall Adult Swim be held responsible for any damage that occurs to your Account or the attributes of your Account, including without limitation, your characters, objects, possessions, points, rank, badges, status, Premium Items, and Virtual Currency (collectively, “Account Attributes”). Adult Swim shall not be liable for any financial or emotional damage or distress you may suffer (and/or subsequent loss or damage to your Account or Account Attributes) as a result of the disclosure of your Password to a third party. It is also prohibited to obtain, attempt to obtain, use, or attempt to use anyone else’s password.
6. Proprietary Rights
You agree that the Sites, the Software, the Services, and all features and elements thereof (including without limitation all games, apps, objects, graphics, visual interfaces, audio, video, information, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, methods of operation, moral rights, documentation, game clients, server software, Virtual Currency, Premium Items, Account Attributes, characters, logos, illustrations, text, images, computer code, programs, routines, subroutines, files, data, the scripts and software used to implement the Services) (all of the foregoing collectively “Materials”) are proprietary information and materials that are owned by Adult Swim, its licensors, and other sources, and are protected by applicable U.S. and international intellectual property and other laws, including but not limited to copyright, trademark and patent laws. No Materials may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, decompiled, reverse engineered, disassembled, or used in any manner, except as expressly permitted by these Terms of Use. Modification of the Materials or use of the Materials in whole or in part for any non-approved purpose is a violation of Adult Swim’s or such other sources’ copyright, trademark and other proprietary rights. You expressly understand that you may not reverse engineer, disassemble or decompile or attempt to reverse engineer or derive code from any information accessible through the Sites or the Services (including, without limitation, data packets transmitted to and from the Sites over the Internet), or analyze, decipher, “sniff”, derive code from, or attempt to analyze, decipher, “sniff”, or derive code from any packet stream transmitted to or from the Sites or the Services, whether encrypted or not, or permit any third party to do any of the same, and you hereby expressly waive any legal rights you may have to do so, including any claim that such activities constitute “Fair Use” or are for “interoperability purposes” under the Digital Millennium Copyright Act. You specifically acknowledge that the time you spend using the Services is being done for your personal entertainment purposes only and that you claim no interest in the value of such time as represented by the building up of your characters and Account Attributes during your time using the Services or in the value of Premium Items or Virtual Currency. You agree to abide by all copyright notices, information and restrictions included in any Materials.
7. End User Content
a. Communication of End User Content
The Services may afford you and other end users the means to upload and communicate information, including without limitation, messages, notes, comments, opinions, ideas, photos, drawings, images, videos, profiles, artwork, audiovisual works, musical compositions (including lyrics), sound recordings, or other materials or information in e-mail, chat, chat rooms, “emotes,” forum discussions, and similar user-to-user areas (collectively, “End User Content”). As to End User Content, you agree that you are responsible for your End User Content, that you have the right to post any End User Content that you submit through the Services, and that any End User Content you communicate or cause to be communicated shall not: (i) infringe the intellectual property, proprietary, privacy or publicity rights of any third party; (ii) violate any law, rule or regulation; (iii) be defamatory, indecent, obscene, pornographic, harmful to minors, or otherwise inconsistent with Section 8 below; or (iv) contain any viruses, trojan horses, disabling code, worms, time bombs, “clear GIFs,” cancelbots, or other computer programming or routines that are intended to, or which in fact, damage, detrimentally interfere with, monitor, intercept, or expropriate any Services, data, information, packets, or personally identifiable information. You agree that we may review, edit and delete any End User Content for any reason, including, in our sole judgment, that the End User Content violates these Terms of Use. Further, you acknowledge and agree that we may take any action we deem appropriate as to any End User Content communicated by you, if we believe, in our sole discretion, that it may expose us to liability, or damage our relationship with any of our suppliers, licensors, ISPs or other users of the Services.
b. License to End User Content
You own your End User Content (except for any Materials and derivatives of Materials incorporated into End User Content). As to all End User Content, you hereby grant to us, our licensees, distributors, agents, representatives and other authorized users, a perpetual, worldwide, irrevocable, assignable, fully-paid, royalty-free license, fully sublicensable through multiple tiers, to exercise all intellectual property rights, in and to all or any part of your End User Content, and exploit the End User Content by any means, including by creating derivative works of End User Content or for purposes of advertising and promotion, in any medium now known or hereafter developed. You agree that you are not entitled to any payment, credit, notice attribution, or other compensation or consideration for any uses of End User Content by Adult Swim. If we facilitate the creation of materials through features or activities on our Sites or through our Services (including our “game creator” games, mash-ups, activities, sweepstakes, contests, promotions, forums, etc.) that require the use of our copyrighted Materials, in whole or in part, we hereby grant to you a non-exclusive license to create a derivative work using our copyrighted Materials, but only for the purpose of creating your materials as part of your enjoyment of the Services and always in accordance with these Terms of Use, and you agree that Adult Swim is the owner of such Materials and derivative works. If such rights in derivative works are not assignable to us, then your license to create derivative works using our copyrighted Materials shall be null and void. You agree to the foregoing whether or not your materials are used by us in any manner.
c. Display of End User Content
You acknowledge and agree that you must evaluate, and bear the risk associated with, the accuracy, completeness or usefulness of any End User Content. Adult Swim reserves the right, but does not undertake the responsibility, to remove End User Content at any time that it deems to be harmful, offensive, or otherwise in violation of these Terms of Use. Without limitation of any of its other rights, Adult Swim shall have the right to display and publish any information associated with any characters developed in your Account, for example, in charts, lists and other compilations, such as “Top Ten” lists and the like without any prior notification to you and without any compensation or any form of recompense whatsoever. Adult Swim also reserves the right to invoke the “safe harbor” provision of the Digital Millennium Copyright Act (17 U.S.C. § 512(c)) concerning the removal of copyrighted or trademarked materials from the Sites and Services. Please be advised that End User Content posted in public areas of the Services does not necessarily reflect the views of Adult Swim. In no event shall Adult Swim assume or have any responsibility or liability for any End User Content posted or for any claims, damages or losses resulting from use of End User Content and/or appearance of End User Content on the Services.
d. In-Game Communications
You understand that you have no expectation of privacy regarding the communications you make in connection with the Services, including, without limitation, through private in-game messaging, open “chat,” chat rooms, forums, message boards, profile pages, blogs or email functions (including send-a-friend cards) and that Adult Swim representatives may monitor all communications made by or received from you. You understand that you should never provide any private or personally identifiable information to any other player or end user and will not hold Adult Swim responsible for the consequences of any such disclosure by you. Further, you understand that in using the Services, you may encounter and converse with people who are rude, offensive or belligerent and who may use indecent, obscene, and/or threatening or harassing language. You are free to report any instances of such behavior to Adult Swim, and we will take such measures as we, in our sole business judgment, determine are reasonable when such behavior violates these Terms of Use. However, Adult Swim does not warrant that you will be free from the behavior of others you may deem insulting, demeaning, offensive, threatening or harassing while you use the Services. If Adult Swim chooses not to take any action against an end user, takes an action with which you do not agree or is unable to take any action for any reason, in no event shall Adult Swim be liable to you or any third party for any incidental or consequential damages (however arising, including negligence) or emotional distress, arising out of or in connection with your Account or your use of the Services, even if any of the same have knowledge of the possibility of such damages. Our total liability to you or any third parties shall be limited to an aggregate amount of $100. This disclaimer shall be independent of any other limitation on remedies set forth herein.
8. Rules of Conduct
In connection with your use of the Services, you agree to adhere to the following rules of conduct:
a. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.
b. Adult Swim may review, edit, reject, or delete any End User Content that in the sole judgment of Adult Swim violates these Terms of Use, is offensive or illegal, or might violate the rights of, harm, or threaten the safety of any person.
c. You may not post or transmit End User Content (even if made in a joking, sarcastic or unintended manner) that:
Adult Swim reserves the right, but not the obligation, to investigate and take appropriate legal action in its sole discretion against anyone who it believes violates these Terms of Use, including without limitation, removing the offending communication in whole or in part from the Services, suspending or terminating the membership of such violators and/or suspending or terminating their right to use and access the Services.
d. You may not use any of your own or any third party software to modify the Services or create any other means through which the Services may be accessed or used by others, for example, through server emulators, whether for profit or not. You may not use macros or other stored rapid keystrokes, “dupes,” “cheats” or other patterns of play that facilitate acquisition of Premium Items, Virtual Currency, or other Account Attributes at an accelerated rate when compared with ordinary game play. You may not use your or third party software to rewrite or modify the user interface or otherwise manipulate data in such a way as to use the Services to acquire Premium Items, Virtual Currency, or other Account Attributes or beneficial actions not actually acquired or performed in a game.
e. You must use the Services in a manner consistent with any and all applicable laws, rules and regulations. Illegal or unauthorized uses of the Services, including without limitation, collecting usernames or email addresses of registered members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Services, are not permitted. This includes the unauthorized interception of the data stream coming from or going into the Services, as well as attempting to gain unauthorized access to the Services or exceeding your authorized access.
f. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. Adult Swim shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Services.
g. You may not transfer, sell or auction, or offer to transfer, sell or auction, or buy or accept any offer to transfer, sell or auction, any game content, including (without limitation) characters, Accounts, Premium Items, Virtual Currency or any other account attributes (“prohibited transactions”), other than as allowed by Adult Swim inside a game. You may not engage in any prohibited transaction outside of a game, or encourage or induce any other game player to participate in such a prohibited transaction. The buying, selling, transferring or auctioning of characters, Accounts, Premium Items, Virtual Currency or any other Account Attributes outside of a game, whether through online auctions (for example ebay or other third party brokerage sites), newsgroups or postings on message boards, and/or any offer or attempt to do so, constitutes a violation of these Terms of Use. In addition to violating these Terms of Use, selling and buying of individual characters, Accounts, Premium items, Virtual currency or any other Account Attributes outside of a game constitutes an unauthorized modification of the data comprising the accounts involved in the transaction, an unauthorized modification of proprietary game content, an unauthorized use of the system, and violates Adult Swim’s intellectual property rights. Moreover, engaging in conduct prohibited by this section may also constitute misappropriation, tortious interference with our business or contracts, false designation of origin, endorsement or sponsorship of such trafficking, and tarnishment of the goodwill associated with our Services.
9. Unsolicited Creative Submissions/ Communications
Adult Swim does not accept or consider unsolicited submissions of any kind (e.g. scripts, treatments, concepts, creative ideas or suggestions, pitches, stories, formats, artwork, photographs, drawings, videos, audiovisual works, musical compositions (including lyrics), sound recordings, characterizations, or any other materials) in any format, by any means of transmission (including email). This is to avoid the possibility of future misunderstandings when projects independently developed by Adult Swim or its agents might seem to others to be similar to their own creative ideas, suggestions or materials. Any such unsolicited submissions are either discarded or deleted or returned to the sender, in our discretion, without being reviewed (or reviewed solely to the extent necessary to determine that the materials are an unsolicited submission). Therefore, please do not send any unsolicited submissions to Adult Swim.
From time to time, areas on the Sites may expressly request submissions of concepts, stories, artwork, audiovisual works or other potential content from you (“Invited Submissions”). Where this is the case, please carefully read any specific rules or other terms and conditions which appear elsewhere on the Sites to govern those Invited Submissions, as they will affect your legal rights. If no such additional terms and conditions are presented, then these Terms of Use will apply in full to any Invited Submissions you make and Invited Submissions shall be treated as “End User Content.”
In any event, any material, including Invited Submissions, you send to us will not be treated as confidential, and you agree that such materials shall not be subject to any obligation of confidence on the part of Adult Swim, that no confidential or fiduciary relationship is intended or created between you and us in any way, that you have no expectation of review, compensation or consideration of any type, and that Adult Swim shall not be liable for any use or disclosure of any such material.
10. Copyrights and Copyright Agent
Adult Swim respects the rights of all copyright holders and in this regard, Adult Swim has adopted and implemented a policy that provides for the termination in appropriate circumstances of subscribers and account holders who infringe the rights of copyright holders on multiple occasions. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Adult Swim’s Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, (“DMCA”) 17 U.S.C. 512:
(1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right
that is allegedly infringed;
(2) Identification and location of the copyright work claimed to have been infringed, or, if multiple copyrighted
works at a single Site are covered by a single notification, a representative list of such works at that Site and
their locations;
(3) 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 Adult
Swim to locate the material;
(4) Information reasonably sufficient to permit Adult Swim to contact the complaining party;
(5) A statement that the complaining party has a good-faith belief that use of the material in the manner
complained of is not authorized by the copyright owner, its agent, or the law; and
(6) A statement that the information in the notification is accurate, and under penalty of perjury, that the
complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
For copyright inquiries under the DMCA please contact:
Cartoon Interactive Group, Inc. - Adult Swim
Attn: Copyright Agent - TEG Legal Dept.
1050 Techwood Drive NW
Atlanta, GA 30318-5604
Phone: 1-844-356-7875
Email: tcncopyrightagent@turner.com
Upon proper receipt of this information from you that substantially complies with all of the requirements above, we will investigate your claim and respond expeditiously. If we determine that the material cited by you constitutes a copyright infringement, we will remove, or “take down” the infringing material. At that point will notify the individual who uploaded the alleged infringing material, as required by statute, and allow them the opportunity to take advantage of the “counter-notice” and “put-back” provisions of the DMCA. Do not contact Adult Swim’s DMCA Copyright Agent for inquiries other than those relating to alleged copyright infringement. IN THE EVENT THAT WE DETERMINE THAT YOU HAVE REPEATEDLY UPLOADED OR OTHERWISE POSTED MATERIAL THAT INFRINGES THE COPYRIGHTS OF OTHERS, WE ARE REQUIRED BY FEDERAL STATUTE TO TERMINATE YOUR ACCESS TO THE SITES.
11. Privacy
Use of the Sites and Services is governed by our Privacy Policy which can be located at the home page of the website or within the mobile application and the mobile store where you download an Adult Swim mobile app.
12. Contests and Sweepstakes, and Other Activities
Adult Swim may provide rules for certain promotional activities on the Sites including, without limitation, contests and sweepstakes by Adult Swim and in conjunction with third parties. These Terms of Use are incorporated by reference to the specific promotion rules or terms and conditions, which may appear in connection with information on the Sites about a particular activity. To the extent that any conflict exists between these Terms of Use and specific rules for a promotional activity, the rules for the promotional activity in which you choose to participate shall govern that promotion but shall not otherwise modify the Terms of Use.
13. Term/Termination
The “Term” of your rights and licenses for a given Service commences on the date that you download the applicable Software or commence using the applicable Service and ends (i) on the date that you cease using the applicable Service, (ii) the date that Adult Swim terminates your use of, or ceases to provide, the applicable Service, including by closing your Account(s), or (iii) immediately and automatically if you or anyone using your Account(s) fail to comply with these Terms of Use. Termination by Adult Swim under this section shall be without prejudice to or waiver of any and all other rights or remedies which Adult Swim may have, all of which are expressly reserved, shall survive termination, and shall be cumulative.
Without limiting any other remedies, we may limit, suspend, terminate, modify, or delete Accounts or access to the Services, or portions thereof, if you are, or we suspect that you are, failing to comply with any of these Terms of Use or for any actual or suspected illegal or improper use of the Services, with or without notice to you. In such event, you may lose all benefits, privileges, and Account Attributes associated with your Account and your use of the Services, and we are under no obligation to compensate you for any such losses or results.
Without limiting our other remedies, we may limit, suspend or terminate the Services and user accounts or portions thereof, prohibit access to our games and Sites, and their content, services and tools, delay or remove hosted content, and take technical and legal steps to prevent users from accessing the Services if we believe that they are creating risk or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our terms or policies. Additionally, we may, in appropriate circumstances and at our sole discretion, suspend or terminate accounts of users who may be repeat infringers of third party intellectual property rights.
You understand and agree that Adult Swim shall have the further right to terminate any aspect of the Services, or the Services in their entirety, at any time in its discretion, with or without notice to you. You may cease using any or all of the Services, and/or close your Account, at any time for any reason in your discretion. In such event, we shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued elements of the Services.
If your right to use the Services, in whole or in part, terminates or expires for any reason, all of your rights to use the applicable Services and Software will cease immediately effective upon such expiration or termination. In the event of such termination or expiration, all Account Attributes associated with your Account will be lost. You hereby understand and acknowledge that there is no guarantee that Adult Swim shall continue offering access to its Services, in whole or in part, on a going-forward basis. You specifically acknowledge that the time you spend using the Services is being done for your personal entertainment purposes only, and that you claim no interest in the value of such time as represented by the building up of your characters and/or Account Attributes during your time using the Services. You further agree that you are not entitled to any form of compensation for the past time you have spent using the Services or for the real or projected value of your Account or any Account Attributes were they to be sold. Nor is Adult Swim liable for any emotional distress you may suffer as a result of loss of your characters, Account, Premium Items, Virtual Currency and/or other Account Attributes in the event that either your account or the Services, in whole or in part, are terminated.
Upon expiration or termination of this agreement and your use of the Services, in whole or in part, for any reason, the applicable licenses and rights granted to you shall automatically terminate, without further notice to you, and you must (i) immediately cease accessing and using the applicable Services and Software and (ii) uninstall your copy of the applicable Software. You may uninstall your copy of the Software through one of the following methods: (x) access the directory on your computer or game platform where you originally installed the Software and double-click on the file entitled uninst.exe; or (y) access the Add/Remove Programs feature of the operating system located on your computer or game platform and follow the instructions to remove the Software.
14. Hyperlinks
The appearance of Web sites or external hyperlinks on the Services does not constitute endorsement by Adult Swim, its subsidiaries and affiliates of the opinions or views expressed by these linked Web sites and Adult Swim does not verify, endorse, or take responsibility for the accuracy, currency, completeness or quality of the content contained in the linked Web sites. Furthermore, Adult Swim is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised by such Web sites. Neither Adult Swim nor any of its subsidiaries and affiliates will be responsible for any errors or omissions or for the results obtained from use of such information contained in these Web sites. To the extent that these Web sites collect personal information or postings from the end user, be advised that in no event shall Adult Swim assume or have any responsibility or liability for the manner in which such information or postings are exploited or for any claims, damages, or losses resulting from their use and/or appearance on these Web sites. Finally, Adult Swim will under no circumstances be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these Web sites.
Adult Swim welcomes links to the Sites. You may establish a link to the Sites, provided that the link does not state or imply any sponsorship or endorsement of your Web site by Adult Swim, its affiliates, or any group or individual affiliated with Adult Swim. You may not use on your Web site any logos, trademarks, service marks, or other copyrighted materials appearing on the Sites, including but not limited to any logos or characters, without the express written consent of the owner of the mark or right. You may not frame or otherwise incorporate into another Web site, or otherwise create a dynamic HTML page using, any of the content or other materials on the Sites without Adult Swim’s prior written consent.
15. Disclaimers
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.
THE SITES AND SERVICES HAVE BEEN CREATED FOR ENTERTAINMENT PURPOSES ONLY. YOUR USE OF THE SITES AND SERVICES IS AT YOUR OWN RISK. THE SITES AND ALL THE MATERIALS, INFORMATION, SOFTWARE, SERVICES AND OTHER CONTENT IN THE SITES AND MADE AVAILABLE THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. IF YOU ARE DISSATISFIED WITH ANY OF THE MATERIALS, INFORMATION, SOFTWARE, END USER CONTENT, OR SERVICES, OR WITH THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SITES AND SERVICES. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE SITES, ADULT SWIM, AND ITS PRESENT OR FUTURE PARENTS AND RELATED ENTITIES NOR THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS (COLLECTIVELY, “THE ADULT SWIM PARTIES”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE ADULT SWIM PARTIES DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITES WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITES, THE SERVICES OR THE SERVERS THAT MAKE THE SITES AND SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE ADULT SWIM PARTIES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS, INFORMATION, SOFTWARE, SERVICES OR OTHER CONTENT IN THE SITES OR ANY WEBSITES, APPS, OR SERVICES LINKED TO THE SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE ADULT SWIM PARTIES MAKE NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, SERVICES OR OTHER CONTENT IN THE SITES OR ANY WEBSITE, APP, OR SERVICE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND THE ADULT SWIM PARTIES ASSUME NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, SERVICES OR OTHER CONTENT OF THE SITES OR ANY OTHER WEBSITE, APP, OR SERVICE.
THE ADULT SWIM PARTIES ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USERS OF THE SERVICES. THE ADULT SWIM PARTIES ASSUME NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, USER OR MEMBER COMMUNICATIONS. THE ADULT SWIM PARTIES ARE NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF EMAIL OR PLAYERS ON ACCOUNT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY SITES OR COMBINATION THEREOF, INCLUDING INJURY OR DAMAGE TO USERS AND/OR MEMBERS OR TO ANY OTHER PERSON’S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATING OR DOWNLOADING MATERIALS IN CONNECTION WITH THE WEB AND/OR IN CONNECTION WITH THE SERVICES. UNDER NO CIRCUMSTANCES WILL THE ADULT SWIM PARTIES BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE’S USE OF THE SERVICES, ANY MATERIALS OR END USER CONTENT POSTED ON THE SERVICES OR TRANSMITTED TO MEMBERS, OR ANY INTERACTIONS BETWEEN USERS OF THE SERVICES, WHETHER ONLINE OR OFFLINE. THE ADULT SWIM PARTIES CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SERVICES.
THE ADULT SWIM PARTIES MAKE NO REPRESENTATION OR WARRANTY THAT THE SERVICES AND/OR SOFTWARE WILL OPERATE EITHER FULLY OR IN PART ON ANY SPECIFIC COMPUTER EQUIPMENT, GAME PLATFORM OR MOBILE DEVICE OR WITH ANY SPECIFIC SOFTWARE. THE ADULT SWIM PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE INTERNET CONNECTION OR WIRELESS NETWORK THAT MAY BE REQUIRED FOR YOU TO USE THE SERVICES OR REGARDING ANY THIRD PARTY SOFTWARE THAT MAY BE REQUIRED FOR YOU TO USE THE SERVICES.
THERE MAY BE FROM TIME TO TIME FAILURES TO HAVE ACCESS TO THE SITES AND SERVICES AVAILABLE CONSISTENT WITH THE ORDINARY STANDARDS APPLICABLE TO THE ON-LINE INFORMATION SERVICES INDUSTRY, OR CAUSED BY SCHEDULED OR EMERGENCY DOWNTIME, REASONABLE NEEDS FOR MAINTENANCE, REPAIRS AND IMPROVEMENTS, REASONABLE FAILURES OF EQUIPMENT, COMPUTER PROGRAMS, AND COMMUNICATIONS NETWORKS OR DEVICES, AND EVENTS BEYOND THE ADULT SWIM PARTIES’ REASONABLE ABILITY TO CONTROL, AND THE ADULT SWIM PARTIES SHALL NOT BE LIABLE FOR BREACH OF WARRANTY OF THESE TERMS OF USE IN SUCH EVENTS.
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.
16. Limitation of Liability
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL THE ADULT SWIM PARTIES BE LIABLE TO YOU FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER AND/OR DEVICE OR TECHNOLOGY FAILURE OR MALFUNCTION OR FOR ANY FORM OF DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES BASED ON ANY CAUSES OF ACTION ARISING OUT OF ANY ALLEGED FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, OR DELAY IN SERVICE, OPERATION, OR TRANSMISSION OF THE SITES OR SERVICES, OR ANY ALLEGED COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF PROPERTY, AND/OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF OR POSTING OF ANY RECORD, CONTENT, OR TECHNOLOGY, PERTAINING TO OR ON THE SITES OR SERVICES. YOU AGREE THAT THIS LIMITATION OF LIABILITY APPLIES WHEHER SUCH ALLEGATIONS ARE FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR FALL UNDER ANY OTHER CAUSE OF ACTION, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF THE ADULT SWIM PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITING THE GENERALITY OF THE FORGEOING, YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT THE ADULT SWIM PARTIES ARE NOT LIABLE FOR ANY ACTUAL OR ALLEGED DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OF THE SITES OR SERVICES OR ANY OTHER THIRD PARTIES.
IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. THIS LIMITATION OF LIABILITY PROVISION APPLIES TO NEW JERSEY RESIDENTS.
17. U.S. Export Controls
The Software is further subject to United States export controls and economic sanction requirements. No Software may be downloaded from the Sites or Services or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the Software or Services, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
18. Governing Law
The Materials and all other content and features on the Sites and Services are presented for the purpose of providing entertainment, news and/or information and/or promoting programs, films, music, games, and other products and/or services that are or may become available in the United States, its territories, possessions, and protectorates. Any and all disputes, claims and controversies arising out of or in connection with your access to, and/or use of the Sites or Services, and/or the provision of content, services, and/or technology on or through the Sites or Services shall be governed by and construed exclusively in accordance with the laws and decisions of the State of New York applicable to contracts made, entered into and performed entirely therein, without giving effect to its conflict of laws provisions.
The Services are controlled and operated by Adult Swim from its offices within the United States. The Services are intended for residents of the United States unless otherwise noted. Residents outside of the United States understand and consent that the data submitted on the Services will be transmitted to and processed within the United States. Adult Swim makes no representation that Materials and End User Content on the Services are appropriate or available for use in any particular location. Adult Swim makes no representation that Materials or other content on the Services are appropriate or available for use outside the United States, its territories, possessions and protectorates. If you choose to access the 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 you reside in.
19. Disputes/Arbitration
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT
Adult Swim and you agree that these Terms of Use affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions.
In the event of a dispute, claim, or controversy arising out of or in connection with your access to, and/or use of the Sites or Services, and/or the provision of content, services, and/or technology on or through the Sites or Services, Adult Swim or you must give the other notice of the dispute, claim, or controversy which notice will include a brief written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the dispute, claim, or controversy and the relief requested. You must send any such notice to Adult Swim by email to tcncopyrightagent@turner.com AND by U.S. Mail to 1050 Techwood Drive, N.W., Atlanta, GA 30318. To the extent that Adult Swim has your contact information, it will send any such notice to you by U.S. Mail or to your email address. Adult Swim and you will attempt to resolve any dispute, claim, or controversy through informal negotiation within thirty (30) days from the date that any notice of dispute, claim, or controversy is sent. Adult Swim and you shall use reasonable, good faith, efforts to settle any dispute, claim, or controversy through consultation and good faith negotiations. After 30 days, Adult Swim or you may resort to the other alternatives described in this section. Notwithstanding the foregoing, the notice and 30-day negotiation period required by this paragraph shall not apply, however, to disputes, claims, or controversies concerning patents, copyrights, moral rights, trademarks, and trade secrets and claims of piracy or unauthorized use of the Sites or Services.
Except as otherwise specifically set forth below, any dispute, claim, or controversy of any kind between Adult Swim and you arising under these Terms of Use or in connection with your access to, and/or use of the Sites or Services, and/or the provision of content, services, and/or technology on or through the Sites, if unresolved through informal discussions within thirty (30) days of receipt of notice, shall be resolved by binding arbitration to be held in the state in which you reside. Notwithstanding the foregoing, disputes, claims, or controversies concerning patents, copyrights, moral rights, trademarks, and trade secrets and claims of piracy or unauthorized use of the Sites shall not be subject to arbitration.
For residents outside the United States, arbitration shall be initiated in New York, New York, and Adult Swim and you agree to submit to the personal jurisdiction of any state or federal court in New York, New York to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
The arbitration shall be conducted by a single arbitrator, governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms of Use, and administered by the AAA. The AAA Rules and fee information are available at “http://www.adr.org".
Adult Swim shall bear the cost of any arbitration filing fees and arbitration fees for claims of up to $75,000, unless the arbitrator finds the arbitration to be frivolous. You are responsible for all other additional costs that you may incur in the arbitration including, but not limited to attorney’s fees and expert witness costs unless Adult Swim is otherwise specifically required to pay such fees under applicable law. For claims that total more than $75,000, the AAA Rules will govern payment of filing fees and arbitration fees. The decision of the arbitrator will be in writing and binding and conclusive on Adult Swim and you, and judgment to enforce the decision may be entered by any court of competent jurisdiction. Adult Swim and you agree that dispositive motions, including without limitation, motions to dismiss and motions for summary judgment will be allowed in the arbitration. The arbitrator must follow these Terms of Use and can award the same damages and relief as a court, including injunctive or other equitable relief and attorney’s fees. Adult Swim and you understand that, absent this mandatory arbitration provision, Adult Swim and you would have the right to sue in court and have a jury trial. Adult Swim and you further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
If your claim is solely for monetary relief of $10,000 or less, and does not include a request for any type of equitable remedy, you may choose whether the arbitration will be conducted solely based on documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing under the AAA Rules.
You may choose to pursue your claim in small claims court where jurisdiction and venue over Adult Swim and you otherwise qualify for such small claims court and where your claim does not include a request for any type of equitable relief.
You have the right to opt-out and not be bound by these arbitration provisions by sending written notice of your decision to opt-out to the following address 1050 Techwood Drive, N.W., Atlanta, GA 30318 AND the following Email address tcncopyrightagent@turner.com. The notice must be sent within the later of 30 days of your first use of the Site(s) or Services or within 30 days of changes to this section being announced on the Site(s) or Services, otherwise you shall be bound to arbitrate any disputes, claims, or controversies in accordance with the terms of these paragraphs. If you opt-out of these arbitration provisions, Adult Swim also will not be bound by them. If you do not affirmatively elect to opt out as described above, your use of the Sites will be deemed to be your irrevocable acceptance of these Terms of Use and any changes/updates to this section or otherwise.
If any clause within these arbitration provisions is found to be illegal or unenforceable, that specific clause will be severed from these arbitration provisions, and the remainder of the arbitration provisions will be given full force and effect. In the event some or all of these arbitration provisions are determined to be unenforceable for any reason, or if a claim, dispute or controversy is brought that is found by a court to be excluded from the scope of these arbitration provisions, Adult Swim and you agree to waive, to the fullest extent allowed by law, any trial by jury.
The terms of these arbitration provisions will also apply to any claims asserted by you against any present or future parent, subsidiary, or affiliated company of Adult Swim to the extent that any such claims arise out of your access to, and/or use of the Sites or Services, and/or the provision of content, services, and/or technology on or through the Sites or Services.
20. Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.
Adult Swim and you agree that Adult Swim and you will resolve any disputes, claims or controversies on an individual basis, and that any claims brought under these Terms of Use in connection with the Sites or Services will be brought in an individual capacity, and not on behalf of, or as part of, any purported class, consolidated, or representative proceeding. Adult Swim and you further agree that Adult Swim and you shall not participate in any consolidated, class, or representative proceeding (existing or future) brought by any third party arising under these Terms of Use or in connection with the Sites or Services.
If any court or arbitrator determines that the class action waiver set forth in this section is void or unenforceable for any reason or that arbitration can proceed on a class basis, then the disputes, claims or controversies will not be subject to arbitration and must be litigated in federal court located in New York, New York.
The terms of this provision will also apply to any claims asserted by you against any parent, subsidiary, or affiliated company of Adult Swim to the extent that any such claims arise out of your access to, and/or use of the Sites or Services, and/or the provision of content, services, and/or technology on or through the Sites or Services.
21. Text Message Campaigns
We may offer you the ability to sign up for text messages sent to your mobile device if you choose to receive such alerts. You acknowledge and agree that when you sign up for and receive these text messages, you are bound by the SMS Text Message Terms, which are incorporated by reference herein, as well as these terms.
22. Indemnification
You agree, to the fullest extent permitted by law, to indemnify, defend (at our election) and hold harmless Adult Swim, its parents, subsidiaries and affiliated companies, its and their licensees, distributors, licensors, representatives, authorized users, third party service providers, suppliers, successors and assigns, and each of its and their officers, directors, agents and employees, from any and all expenses, liabilities, damages, costs, liens, penalties and losses whatsoever, including, without limitation, attorneys’ fees, arising out of any claims, demands, counterclaims, actions, lawsuits or judgments, regardless of the merit, whether threatened or actual, fixed or contingent, known or unknown, arising out of or relating to the actual or alleged breach by you of these Terms of Use, your use of the Sites or Services, or your Account(s). Adult Swim reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with Adult Swim in asserting any available defenses.
23. Third Party Platforms
We may provide Services to you through third party Web sites, operating systems, platforms and portals, including social networking sites and digital storefronts through which you can license Adult Swim games and apps (collectively, “Third Party Platforms”). Additional terms and conditions will apply to you with respect to your use of those Third Party Platforms, which are not under Adult Swim’s control. Adult Swim does not assume any responsibility or liability for your use of such Third Party Platforms.
Downloadable applications (commonly referred to as “apps”) made available to you through Third Party Platforms constitute “Software” under these Terms of Use. Apps are licensed, not sold, to you, and are further subject to the terms and conditions, end user license agreement, privacy policy, and other agreements you agree to as part of your license of the app from the applicable Third Party Platform. Certain Apps may include functionality that enables you to receive additional services or licenses to additional functionality or content (commonly referred to as “in-app purchases”) for use within the app. In-app purchases cannot be transferred among devices, can be downloaded only once, and after being downloaded, cannot be replaced.
The following additional terms and conditions apply with respect to our apps designed for use on an Apple iOS-powered mobile device (“iOS Apps”). You and Adult Swim acknowledge that these Terms of Use are concluded between you and us only, and not with Apple, Inc. (“Apple”). You agree that your license to use iOS Apps provided as part of the Services is limited to Apple devices that you own or control and that your use of our iOS Apps shall be subject to the usage rules set forth in Apple’s then-current App Store Terms of Service. You and Adult Swim agree that Apple shall have no obligation to provide maintenance and support services with respect to our iOS Apps. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to our iOS Apps. You agree that we, and not Apple, shall be responsible for the investigation, defense, settlement and discharge of any third party intellectual property infringement claim related to our iOS App. You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties. Any questions or inquiries with respect to an iOS App may be directed to Adult Swim as follows: Cartoon Interactive Group, Inc., 1015 Techwood Drive, Atlanta, GA 30318, (404) 827-1700, advanced.platforms@turner.com. You agree to comply with all applicable third party terms of agreement when using our iOS App. You agree that Apple is a third party beneficiary to these Terms of Use applicable to our iOS Apps. Upon your acceptance of the Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms of Use against you as a third party beneficiary thereof.
24. Other
These Terms of Use, accepted upon use of the Services and further affirmed by becoming a registered member or submitting End User Content to the Services, contain the entire agreement between you and Adult Swim regarding the use of the Sites and Services and supersede all prior understandings related to the Sites and Services. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of these Terms of Use, and the remaining portions shall remain in full force and effect.
These Terms of Use were last updated and posted on or about October 9, 2018.