Effective as of: November 19, 2021
PLEASE READ THESE TERMS CAREFULLY AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. By using the Site, you agree that you have read, accept, and agree to these Terms, including those additional terms and policies referenced herein and/or available by hyperlink. Do not use the Site if you do not agree.
You agree that you will be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to access and use the Site. You also agree to comply with all rules, laws and regulations that are applicable to your use of the Site, including, without limitation, those governing your transmission or use of any software or data.
The Site Content may not be copied, reproduced, downloaded, or distributed in any way, in whole or in part, except with the express permission of Tomorrow Studios.
You may visit our Site without further permission from Tomorrow Studios and Tomorrow Studios grants you a limited, personal, non-exclusive, non-commercial, revocable, and non-transferable license to view and play the Site Content, including the following types of uses:
You acknowledge that these authorized uses do not grant you any ownership or other rights in the Site or any Site Content.
These Terms do not apply to any third-party sites or features, products, or services, including those to which the Site may link that we do not control. To the fullest extent permitted by law, neither Tomorrow Studios nor its service providers are responsible for the actions of any third-party. You acknowledge and agree that we make no representation or warranties about the completeness or accuracy of any third-party site and you use it at your own risk. If you choose to connect your information on a Site with a third-party site or feature, you consent to sharing that information and understand that your information may be publicly disclosed.
However, if you decide to submit any such Unsolicited Submissions, you automatically and irrevocably grant to Tomorrow Studios an unrestricted, unconditional, unlimited, worldwide, non-exclusive, sub-licensable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right and license to use your Unsolicited Submission, including without limitation all patents, trademarks, service marks, trade names, trade identities, copyrights, trade secrets, logos, domain names, know-how, source code and object code, mask-work rights, inventions, moral rights, author's rights, algorithms, rights in packaging, goodwill and other intellectual property and proprietary rights whatsoever in your Unsolicited Submission. You further agree that, to the fullest extent permissible under applicable law, Tomorrow Studios, and its parent companies, affiliated entities, vendors, service providers, licensors, and suppliers, and the directors, officers, employees, affiliates, agents, contractors, interns, and other authorized representatives of each of them (collectively, “Tomorrow Studios Parties”) will have the unfettered right throughout the universe, in perpetuity, without any credit or compensation to you, to use, reuse, modify, alter, archive, post, translate, reproduce, distribute (through multiple tiers), publish, transmit, broadcast, display (whether publicly, digitally or otherwise), disclose, adapt, create derivative works based upon, perform (whether publicly, digitally or otherwise), develop, manufacture and use for advertising, marketing, publicity and promotional purposes, any of your Unsolicited Submission or portions of your Unsolicited Submission, and your name, voice, likeness and other identifying information, in any form, media, software or technology of any kind now known or developed in the future for any purposes whatsoever including, without limitation, developing, manufacturing and marketing products. You acknowledge that Tomorrow Studios may be working on or developing material similar or the same in nature to your Unsolicited Submission and that Tomorrow Studios may have received similar or the same intellectual property rights from another party. Tomorrow Studios owes you no obligation to your Unsolicited Submission unless you and Tomorrow Studios enter a written agreement to that effect. If your Unsolicited Submission is subject to protection under intellectual property rights laws, you are responsible for seeking and securing any such protection that may be available to you. Any discussion or negotiations between you and Tomorrow Studios regarding your Unsolicited Submission does not constitute Tomorrow Studios’ recognition of the novelty or originality of your Unsolicited Submission. You hereby waive (and consent to us performing any acts or omissions in relation to your Unsolicited Submission and associated materials that may be inconsistent with) any moral rights or other rights you may have in and to any of your Unsolicited Submission, even if the Unsolicited Submission or a derivative work is altered or changed in a manner not agreeable to you.
You agree and understand that the Tomorrow Studios Parties are not obligated to post or use your Unsolicited Submission submitted through the Site or otherwise, and may alternatively choose to discard or remove your Unsolicited Submission without any liability whatsoever. You further authorize Tomorrow Studios to publish your Unsolicited Submission in a searchable format that may be accessed by users of the Site and the Internet. You agree that Tomorrow Studios has no obligation to monitor or enforce your intellectual property rights to your Unsolicited Submission (except where and if required under applicable law) but has the right to protect and enforce its rights to your Unsolicited Submission.
We reserve the right to modify the contents of the Site at any time, but we have no obligation to update any information on the Site.
By accessing or using the Site you represent and warrant that your activities are lawful in every jurisdiction where you access or use the Site.
Unless required by law, and only to the extent required by law, we are not a party to, and do not monitor, any transaction between users and third-party providers of products or services. The Tomorrow Studios Parties do not endorse and are not responsible for Unsolicited Submissions.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
By accessing the Site, you understand that you may be waiving rights with respect to claims that are at this time unknown or unsuspected, and in accordance with such waiver, you acknowledge that you have read and understand, and expressly waive, the benefits of section 1542 of the Civil Code of California, and any similar law of any state or territory which provides as follows: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
Software related to or made available by the Site may be subject to United States export controls. Thus, no software from the Site may be downloaded, exported or re-exported: (a) into (or to a national or resident of) Cuba, North Korea, Iran, Syria or any other country to which the United States has embargoed goods or that has been designated by the U.S. government as “terrorist supporting”; or (b) 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 any software related to this Site, 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.
How Arbitration Works. Disputes will be resolved solely by binding arbitration before a sole arbitrator under the streamlined Arbitration Rules Procedures of JAMS Inc. ("JAMS") or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a "Demand for Arbitration", then either party can elect to have the arbitration administered by another mutually agreeable arbitration administration service who will hear the case. Unless you and Tomorrow Studios LLC agree otherwise, any arbitration hearing shall take place in the county of your residence. If you live outside the United States, any arbitration will take place in Los Angeles County, California. We encourage you to call in advance of filing a claim for arbitration to see if the dispute can be settled prior to arbitration.
Waiver of Right to Bring Class Action and Representative Claims. All arbitrations shall proceed on an individual basis. The arbitrator is empowered to resolve the dispute with the same remedies available in court, however, any relief must be individualized to you and shall not affect any other customer. You and Tomorrow Studios LLC also agree that each may bring claims against the other in arbitration only in your or their respective individual capacities and in so doing you and Tomorrow Studios LLC hereby waive the right to a trial by jury, to assert or participate in a class action lawsuit or class action arbitration, to assert or participate in a private attorney general lawsuit or private attorney general arbitration, and to assert or participate in any joint or consolidated lawsuit or joint or consolidated arbitration of any kind. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular cause of action, then that cause of action (and only that cause of action) must remain in court and be severed from any arbitration.
Arbitration Costs. Tomorrow Studios LLC will pay all filing, administrative, arbitrator and hearing costs and waives any rights it may have to recover an award of attorneys’ fees and expenses against you.
You and Tomorrow Studios LLC agree that, in the event that there are fifty (50) or more individual requests for arbitration of a similar nature filed against Tomorrow Studios LLC within an approximately thirty-day period (or otherwise in close proximity), JAMS will administer all such similarly situated arbitration demands on a collective basis as a single, consolidated arbitration (subject to a single set of fees, proceeding schedule, and, if required, hearing) before a single arbitrator in accordance with the requirements outlined elsewhere in this section, provided that – in the event that the arbitrator deems it impracticable or inequitable to administer all such claims collectively in a single arbitration – (s)he may group demands for arbitration into groups of not fewer than twenty (20) matters, plus a remainder group as needed (or as otherwise deemed by the arbitrator to be practicable, equitable, and in best keeping with the spirit of this provision) and arbitrate each group of matters as a single, consolidated arbitration (either structure a “Batch Arbitration”). You and Tomorrow Studios LLC agree (1) to work with JAMS in good faith to facilitate the resolution of disputes on a Batch Arbitration basis and (2) that requests for arbitration are of a “similar nature” if they arise out of the same event, agreement, or factual scenario and raise the same or similar legal issues and seek the same or similar relief. Disagreements over the applicability of this Batch Arbitration process will be settled in a single, consolidated arbitration proceeding that includes all affected parties and is resolved by a single arbitrator subject to the requirements of this section. This Batch Arbitration provision shall in no way be interpreted as authorizing a class or collective arbitration or action of any kind, or any suit or arbitration involving joint or consolidated claims, under any circumstances other than those expressly set forth in this section.
Other Terms & Information. This Arbitration Agreement shall be governed by, and interpreted, construed, and enforced in accordance with, the Federal Arbitration Act and other applicable federal law. To the extent state law applies to any aspect of these Terms, or to any disputes and claims that are covered by the Arbitration Agreement, the law of the State of California will govern. Except as set forth above, if any portion of this Arbitration Agreement is deemed invalid or unenforceable, it will not invalidate the remaining portions of the Arbitration Agreement.