- GENERAL CONDITIONS
- ENTIRE AGREEMENT
- DESCRIPTION OF SERVICES
- MODIFICATIONS TO SERVICES
- CONTENT OWNERSHIP
- CONTENT RESPONSIBILITY
- USER CONDUCT
- PROMOTING PRODUCTS ON NTD
- ACCURACY, COMPLETENESS & TIMELINESS OF INFORMATION
- NO RESALE OF SERVICES
- USER ACCOUNTS
- ADVERTISEMENTS AND PROMOTIONS
- NTD PROPRIETARY RIGHTS
- DISCLAIMER OF WARRANTIES
- LIMITATION OF LIABILITY
- STORAGE AND OTHER LIMITATIONS
- INJUNCTIVE RELIEF
- CHILDREN’S INFORMATION
- GOVERNING LAW
- GENERAL INFORMATION
- COPYRIGHT AND TRADEMARK
- NOTICE OF INFRINGEMENT
- ARBITRATION CLAUSE AND CLASS ACTION WAIVER – IMPORTANT – PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS
- NO THIRD-PARTY BENEFICIARIES
- RELIANCE ON INFORMATION POSTED
- CHANGES TO THESE TERMS & CONDITIONS
- HOW TO CONTACT US
PLEASE READ THESE TERMS & CONDITIONS CAREFULLY.Universal Communications Network, Inc. d/b/a New Tang Dynasty TV (hereinafter collectively referred to as “NTD,” “us,” “we,” “our,” or “Company”) has created the following Terms & Conditions of Use (“Terms & Conditions”) to apply to all users of this website (www.ntd.com), including our mobile site, and all digital assets contained, or offered therein (collectively, our “Services”). These Terms & Conditions are written in the English language. We do not guarantee the accuracy of any translated versions of these Terms & Conditions. To the extent any translated versions of these Terms & Conditions conflict with the English language version, the English language version of these Terms & Conditions shall control. The headings used herein are included for convenience only and will not limit or otherwise affect these Terms & Conditions.
IV. MODIFICATIONS TO SERVICESNTD reserves the right, at any time, temporarily or permanently, to modify or discontinue the Services with or without notice and for any reason, including but not limited to performing maintenance, repairs, or upgrades. NTD shall not be liable to any user or any third party should NTD exercise its right to modify or discontinue any Services provided. Unless stated otherwise, any new features that enhance or otherwise change the current Services shall be subject to these Terms & Conditions. Your continued use of the Services constitutes your agreement to abide and be bound by these Terms & Conditions and any modifications to these Terms & Conditions.
VII. CONTENT RESPONSIBILITYYou acknowledge and agree that NTD neither endorses the contents of any user communications nor assumes responsibility for any threatening, libelous, obscene, harassing, or offensive material contained therein, any infringement of third-party intellectual property rights arising therefrom, or any crime facilitated thereby.
VIII. USER CONDUCTYou understand that all information, data, links, text, software, music, sound, photographs, graphics, video, messages, or other materials posted by a user (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not NTD, are entirely responsible for all Content that you upload, post, or otherwise transmit via the Services. NTD does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity, or quality of such Content. NTD is not responsible or liable to any third party for the content or accuracy of any Content posted by you or any other user. You understand that by using the Services, you may be exposed to Content that is offensive, indecent, or objectionable. Any Content you post to the Services will be considered non-confidential and non-proprietary. By providing any Content on the Services, you grant NTD the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material. You agree to not use the Services to: (a) upload, post, or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, damaging to Falun Dafa or its practitioners, hateful, or racially, ethnically or otherwise objectionable; (b) harm minors in any way; (c) impersonate any person or entity, including, but not limited to, an NTD official, or falsely state or otherwise misrepresent your affiliation with a person or entity; (d) upload, post, or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (e) upload, post, or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, or other intellectual property or proprietary rights of any party; (f) upload, post, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (g) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services; (h) intentionally or unintentionally violate any applicable local, state, national, or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law; (i) “stalk” or otherwise harass another; (j) collect or store personal data about other users; or (k) promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. We have the right to:
- Remove or refuse to post any Content for any or no reason in our sole discretion.
- Take any action with respect to any Content that we deem necessary or appropriate in our sole discretion, including if we believe that such Content violates the Terms & Conditions, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public, or could create liability for NTD.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.
- Terminate or suspend your access to all or part of the Services for any violation of these Terms & Conditions.
IX. PROMOTING PRODUCTS ON NTDIf you (“Promoter”) promote, market, or otherwise advertise (“Promote” or a “Promotion”) any product or service via any online or offline channel or medium for the purpose of earning a percentage of the sale price of any product or service (“Product”) sold as a result of such Promotion (“Commissions”), You agree, acknowledge, represent, and warrant that:
- You will not suggest or imply any endorsement by NTD, its contributors, or sponsors for the Product.
- You will not make any unlicensed or unauthorized use of or otherwise infringe or misappropriate any materials protected by any patent, copyright, trademark, trade secret, right of privacy, right of publicity or other intellectual property or other proprietary right.
- You will not interfere with NTD’s tracking of visits, page views, click throughs, or with the normal flow of traffic to, through, or from the NTD Services.
- All communications and/or representations made by You in connection with any Promotions and/or in relation to any Product will be accurate and contain all disclosures and disclaimers necessary to prevent such Promotions from being false or deceptive. Such disclosures and disclaimers must be made in a clear and conspicuous manner, and will otherwise comply with Your country’s laws and all U.S. federal and state laws, including U.S. Federal Trade Commission regulations, policies and guidelines governing advertising, disclosure and consumer protection, including the FTC’s endorsement rules.
- You will not offer, suggest, or imply the availability of any rebates, coupons, tickets, vouchers, or similar incentives to induce or encourage the purchase of a Product.
- NTD reserves the right, but not the obligation, to review your Promotions. You agree that NTD, in its sole discretion and at any time, may demand changes to product promotion and delivery pages, customer support, or other items related to the content of Your Promotions. NTD may remove your Promotion at any time from its Service by refunding any fees paid for that Promotion.
- You will provide valid contact information, including but not limited to a working email address, where NTD can send inquiries and receive a non-automated reply by end of the following business day.
- NTD does not guarantee, or assume any responsibility or liability for, the accuracy, completeness, efficacy, or timeliness of any such information, nor is it responsible for any bonuses, prizes, or other incentives offered in any Promotions. Your use of any information presented by NTD does not guarantee, or assume any responsibility or liability for, the accuracy, completeness, efficacy, or timeliness of any such information, nor is it responsible for any bonuses, prizes, or other incentives offered in any Promotions. Your use of any information presented by a Promoter is strictly at your own risk. In no event shall NTD have any liability for your purchase or use of a Product or Service Promoted on NTD.
- Promotion is voluntary, and your reliance is at your own risk. NTD does not independently review or verify information provided in any Promotion for accuracy, completeness, efficacy, or timeliness. You acknowledge and understand that NTD does not verify statements, claims, incentives, or promotions made by Promotions.
X. ACCURACY, COMPLETENESS & TIMELINESS OF INFORMATION
- Errors, Inaccuracies, & Omissions Our Services may contain typographical errors, inaccuracies, or omissions that may relate to NTD offerings, promotions, packages, programs, events, and materials. We do not warrant the accuracy, completeness, or usefulness of this information. We disclaim all liability and responsibility placed on such information by you, or by anyone who may be informed of any of its contents.We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders or programs if any information about the Services or on any related website is inaccurate at any time without prior notice (including after you have submitted your order, request, submission, payment, form, etc.). We do not take on any obligation to update, amend, or clarify information in the Services or on any related website, including without limitation, pricing, dates, availability, location, products, and services, except as required by law. No specified update or refresh data applied in the Services or on any related website should be taken to indicate that all information in the Services or on any related website has been modified or updated.
- Links to the Services You may not create a link to any page of our Services without our prior written consent. If you do create a link to a page of our Services, you do so at your own risk and the exclusions and limitations set out above will apply to your use of our Services by linking to it.
- Links on the Services Our Services might include links to other websites, mobile applications, or social media platforms. We are not responsible for examining or evaluating the content or accuracy of any other website and do not warrant and will not have any liability or responsibility for any other party’s materials or websites or for any other materials, products, or services of other websites. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any other party’s websites or other platforms. Please review carefully other party’s policies and practices and make sure you understand them before you engage in any transaction. Claims, complaints, questions, or concerns regarding other parties should be directed to that party.
XI. INDEMNIFICATIONTo the fullest extent permitted by law, and except to the extent arising from our gross negligence or intentional misconduct, you agree to indemnify, defend, and hold harmless NTD, and its subsidiaries, affiliates, officers, directors, agents, and employees, contractors, licensors, service providers, subcontractors, suppliers, and interns from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms & Conditions or the documents they incorporate by reference, or your violation of any law or rights of a third party. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with us in asserting any available defenses. You shall not settle any actions or claims on our behalf without our prior written consent.
XII. NO RESALE OF SERVICESYou agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services, use of the Services, or access to the Services.
XIII. USER ACCOUNTS
- Account RegistrationBy signing up for an account, users will be able to access certain features and content of our Services. We offer email newsletters and promotional emails as part of the account services. You can unsubscribe from promotional and marketing emails anytime.
- PasswordsUpon registration, you will select a password to access your account. Your account is intended for your personal use. You are responsible for maintaining the confidentiality of your password and for all of your activities and those of any third party that occur through your account, whether or not authorized by you. In order to maintain exclusive access to your account, you should never share your login information with anyone else. Sharing log-in credentials may result in suspension or loss of services. No one from NTD will ever ask you to reveal your login information. You should never attempt to impersonate another person by using that person’s login credentials, or use any login credentials that, at the sole discretion of NTD, are deemed offensive. Failure to comply with these terms shall constitute a breach of this agreement and may result in suspension or termination of service.
- Unauthorized Use of AccountPlease notify NTD immediately if you believe that your account has been accessed by an unauthorized user, or otherwise breached. This includes any loss, theft, or any unauthorized disclosure or use of your password or credit card information. You agree that we will not under any circumstances be liable for any cost, loss, damages, or expenses arising out of a failure by you to maintain the security of your password.
XIV. BILLINGPayment of fees for purchases and subscriptions on the Services must be made with current and valid credit card, debit card, or other payment account (“Payment Account”). These payment options are provided by third parties and we do not directly receive or store any of your payment information. Your use of those third-party payment options is subject to the third-party terms and privacy notices. If your Payment Account is insufficient, or not accurate, current, and complete, we may refuse your use of the Services and, where applicable, suspend or terminate your account. Fees will be billed to the Payment Account you provide to us. For one-time billing purchases, fees will be promptly billed to your Payment Account on a one-time basis at the time of your order. For subscriptions, fees will be automatically billed to your Payment Account on a recurring basis unless and until you cancel. You acknowledge and agree that we may preauthorize your card for an amount up to the total of the given transaction amount and will not obtain additional authorization from you for each recurring fee charged to your Payment Account. Your transactions will appear on your credit card statement as NTD.COM.
XV. REFUNDSNo refunds will be issued on any of our Services nor products. All payments made on purchases and gifts are final and non-refundable. No full nor partial refunds will be issued for the days between the termination and the end of the current billing period. No exceptions. However, if you believe NTD has charged you in error, you must contact us within thirty (30) days of such charge.
XVI. TERMINATIONThese Terms & Conditions are effective until terminated. We may terminate this agreement at any time without notice to you and may deny you access to our Services. By registering, you are assuming responsibility for usage and activity on your account. This includes:
- Usage by a third party to whom you have provided log-in credentials
- Any fraudulent or abusive activity
- Any usage deemed illegal by state or federal laws
XVII. ADVERTISEMENTS AND PROMOTIONSNTD runs advertisements and promotions on NTD pages. By creating your NTD page, you agree that NTD has the right to run such advertisements and promotions. The manner, mode, and extent of advertising by NTD on your NTD page is subject to change. 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. You agree that NTD 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.
XVIII. NTD PROPRIETARY RIGHTSYou acknowledge and agree that the Services and any necessary software used in connection with the Services (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Services or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by NTD or advertisers, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services or the Software, in whole or in part.
XIX. DISCLAIMER OF WARRANTIESEXCEPT AS EXPRESSLY PROHIBITED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NTD EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NTD MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR MAKES ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. NTD MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOUFROM OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
XX. LIMITATION OF LIABILITYNTD SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICES OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICES OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, LOST REVENUE, LOST SAVINGS, DAMAGE CAUSED TO YOUR COMPUTER, COMPUTER SOFTWARE, SYSTEMS AND PROGRAMS AND THE DATA THEREON, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, EVEN IF USER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE ARISING FROM YOUR USE OF THE SERVICES OR IN ANY WAY RELATED TO THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY ERRORS OR OMISSIONS IN ANY USE OF THE SERVICES OR ANY CONTENT OR PRODUCT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE. IN ANY EVENT, THE AGGREGATE LIABILITY OF US AND OUR AFFILIATES AND OUR SERVICE PROVIDERS UNDER THESE TERMS & CONDITIONS SHALL NOT EXCEED FIVE HUNDRED (500) US DOLLARS. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
XXI. STORAGE AND OTHER LIMITATIONSNTD assumes no responsibility for the deletion or failure to store information entered into NTD. NTD retains the right, at NTD’s sole discretion, to determine whether or not your conduct is consistent with the letter and spirit of these Terms & Conditions and may terminate Services if your conduct is found to be inconsistent with these Terms & Conditions.
XXII. NOTICEAll notices to a party shall be in writing and shall be made either via email or conventional mail. NTD may distribute notices or messages through the Services to inform you of changes to these Terms & Conditions, the Services, or other matters of importance; such distribution shall constitute notices to users.
XXIII. INJUNCTIVE RELIEFYou acknowledge that a violation or attempted violation of these Terms & Conditions will cause such damage to NTD as will be irreparable, the exact amount of which would be difficult to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that NTD shall be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of these terms and conditions by you, or your affiliates, partners, or agents, as well as recover from you any and all costs and expenses sustained or incurred by NTD in obtaining such an injunction, including, without limitation, reasonable attorneys’ fees. You agree that no bond or other security shall be required in connection with such injunction.
XXIV. CHILDREN’S INFORMATIONWe do not target our Services to minors, who are under sixteen (16) (or a higher age threshold where applicable). You agree that you are not under sixteen (16) years of age. We do not intend to collect or process any Information from anyone under the age of sixteen (16). If we become aware that a user is under sixteen (16) (or a higher age threshold where applicable) and has provided us with Information, we will take steps to comply with any applicable legal requirement to remove such Information. Contact us if you believe that we have mistakenly or unintentionally collected Information from a person under the age of sixteen (16).
XXV. GOVERNING LAWThese Terms & Conditions and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the state of New York without reference to any conflict of law rules. You and NTD agree to submit to the exclusive personal and subject matter jurisdiction and venue of the courts located within New York. You agree that you will not use the Services in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.
XXVI. GENERAL INFORMATIONNTD’s failure to exercise or enforce any right or provision of these Terms & Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by NTD in writing. You and NTD agree that any cause of action arising out of or related to these Services must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. You also may be subject to additional terms and conditions that may apply when you use affiliate or other services, third-party content, or third-party software. If NTD takes any action to enforce these Terms & Conditions, NTD, if the prevailing party, will be entitled to recover from you, and you agree to pay, all reasonable and necessary attorneys’ fees and any cost of litigation, in addition to any other relief, at law or in equity, to which NTD may be entitled.
XXVII. VIOLATIONSPlease report any violations of these Terms & Conditions to NTD.com by submitting a request form here.
XXVIII. COPYRIGHT AND TRADEMARKWebsite copyright notice: Copyright (c) 2017 Universal Communications Network Inc. d/b/a New Tang Dynasty. All rights reserved. This website is the copyrighted property of NTD and various third-party providers and distributors (“Suppliers”). NTD and NTD.com are a service mark of NTD. Other product, service and company names used on this website are registered and common law trademarks of their respective owners. Nothing contained on this website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of such trademarks. Unauthorized use of this Web site and/or the materials contained on this site may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained in the materials, and you must not alter, obscure, or obliterate any of such notices.
XXIX. NOTICE OF INFRINGEMENTIf you believe that your intellectual property right (or such a right that you are responsible for enforcing) is infringed by any Content or links on this website, please see our Copyright Policy and Infringement Notification, which will inform you how to submit a notification by email, mail or by filling out and submitting the form provided.
XXX. ARBITRATION CLAUSE AND CLASS ACTION WAIVER – IMPORTANT – PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS
- Arbitration NoticeAt the sole discretion of NTD, we may require you to submit any dispute or claim
arising from or related to our Services (except for the Exempt Claims, as defined
by confidential binding arbitration in New York rather than in court, after first
giving Notice of the Dispute (“Notice”) to the other party and the opportunity
to discuss resolution within thirty (30) days of such Notice. The Notice to NTD
should be sent to NTD: NTD Legal Department 5 Penn Plaza, 8th Floor, New York
NY 10001. This Notice must include a description of the nature and basis of the
claims the party is asserting, and the relief sought.If you and NTD are unable to resolve the claims described in the Notice within
thirty (30) days after the Notice is sent, you or NTD may initiate arbitration
proceedings to be conducted by a single impartial arbitrator chosen from the
American Arbitration Association (“AAA”)’s National Roster of Commercial Arbitrators
by mutual agreement of the Parties (or by the AAA if the Parties cannot agree).
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 provisions of these Terms & Conditions
as a court would. YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY AND KNOWINGLY FORFEITING
YOUR RIGHT TO A TRIAL BY JURY AND TO OTHERWISE PROCEED IN A LAWSUIT IN STATE
OR FEDERAL COURT.The Federal Arbitration Act and federal arbitration law apply, and the AAA will
administer the arbitration under its Commercial Arbitration Rules and the Supplementary
Procedures for Consumer Related Disputes. Payment of all filing, administration
and arbitrator fees will be governed by the AAA’s rules.The arbitration shall be held in the State of New York or at another mutually
agreed location. If the arbitration involves a consumer, the arbitration will
be held at a location convenient to the consumer. If the value of the relief
sought is $10,000 or less, you or we may elect to have the arbitration conducted
by telephone or based solely on written submissions, which election shall be
binding on you and us subject to the arbitrator’s discretion to require an in-person
hearing if the circumstances warrant. Attendance at an in-person hearing may
be made by telephone by you and us unless the arbitrator requires otherwise.The arbitrator will decide the substance of all claims in accordance with the
laws of the State of Delaware, including recognized principles of equity, and
will honor all claims of privilege recognized by applicable law. The arbitrator
will also decide any questions relating to the interpretation, applicability,
or enforceability of this arbitration clause, except where a party files a claim
in court because it is an Exempt Claim (as defined below). If either party files
an Exempt Claim, the court presiding over that claim will determine if the claim
is an Exempt Claim under this Arbitration Clause. The arbitrator’s award shall
be confidential, final, and binding, and judgment on the award rendered by the
arbitrator may be entered in any court having jurisdiction thereof.Notwithstanding any provision in these Terms & Conditions to the contrary,
you and we agree that if we make any change to this Section (other than a change
to any notice address or website link provided herein) in the future, that change
shall not apply to any claim that was filed in a proceeding against us prior
to the effective date of the change. Moreover, if we seek to terminate this Section,
any such termination shall not be effective until thirty (30) days after the
version of the Terms & Conditions containing this Section is posted to the
websites and shall not be effective as to any claim that was filed in a proceeding
against us prior to the effective date of termination.CLASS ACTION WAIVER: YOU AND NTD AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
If for any reason a claim proceeds in court rather than in arbitration,
we each waive any right to a jury trial.EXEMPT CLAIMS: You and NTD agree that the following two types of claims are not
required to be submitted to an arbitration subject to the following conditions:
- You or we are not required to arbitrate a claim brought on an individual basis in small-claims court. However, if (a) there is an appeal from small-claims court, or (b) a change in the claim that renders the small-claims court unable to resolve the claim, then the claim must be resolved in an arbitration under the terms of this arbitration provision.
- You or we are not required to arbitrate a claim brought on an individual basis to enjoin infringement or other misuse of intellectual property rights. Such a claim may be brought in any court of competent jurisdiction. You and we agree that the infringement or other misuse of intellectual property rights could cause irreparable harm for which monetary damages are an inadequate remedy. The prevailing party in an action to enjoin infringement or other misuse of intellectual property rights is entitled to recover costs and fees (including reasonable attorneys’ fees) in pursuing that remedy.
- Claims and Disputes Must be Filed Within One (1) YearTo the extent permitted by law, and without limiting the effect of any disclaimer contained herein, any cause of action or claim you may have with respect to your use of the Services, including, without limitation, any website or mobile application or other Services-related product, services, or other content must be commenced within one (1) year after the claim or cause of action arises. This section applies to you and your heirs, successors, and assigns.
XXXI. SEVERABILITYTo the extent that any provision of these Terms & Conditions is deemed to be unlawful, void, or unenforceable, including the binding arbitration clause and class action waiver, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms & Conditions. Such determination shall not affect the validity and enforceability of any other remaining provisions.
XXXII. NO THIRD-PARTY BENEFICIARIESThere are no third-party beneficiaries to the Terms & Conditions. We shall have the right to assign our rights or delegate any of its responsibilities under these Terms & Conditions to an affiliate or in connection with a merger, consolidation, or reorganization for the sale of substantially all our assets.
XXXIII. RELIANCE ON INFORMATION POSTEDThe information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.
XXXIV. CHANGES TO THESE TERMS & CONDITIONSWe reserve the right to change, modify, or amend these Terms & Conditions at any time to reflect changes in our practices and service offerings. If we modify our Terms & Conditions, such changes will be effective upon posting. It is your obligation to check our current Terms & Conditions for any changes. These Terms & Conditions may only be modified in writing. Any ambiguities in the interpretation will not be construed against the drafter. Your continued use of the Services constitutes your agreement to abide and be bound by these Terms & Conditions and any modifications to the Terms & Conditions.
XXXV. HOW TO CONTACT USIf you have any questions about these Terms & Conditions, please contact us at the following:
|Please submit inquiries here.
|Universal Communications Network, Inc. DBA New Tang Dynasty TV 229 W 28th Street, Floor 7th New York, NY, 10001