Terms of use

Terms of use

TERMS AND CONDITIONS

HYBE UMG LLC and its parent, subsidiary and affiliate entities worldwide (individually and collectively referred to herein as the “Company” or “we” or “us” or “our”) own and operate this website (“Site(s)”). These Terms of Use and License (“Terms”) constitute a legally binding agreement made by and between Company and the user of this Site (personally and, if applicable, on behalf of the entity for whom you are using the Site, collectively, “you” or “User”). The Terms govern your use of the services we make available on this Site (“Services”).

BY ACCESSING OR USING ANY PART OF THE SITE OR SERVICES, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY THESE TERMS, WHICH CONTAIN AN ARBITRATION AGREEMENT, A WAIVER OF CLASS-ACTION RIGHTS, AND LIABILITY LIMITATIONS. YOU ALSO AGREE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE PRIVACY POLICY, WHICH DESCRIBES HOW WE COLLECT, USE AND DISCLOSE YOUR DATA AND WHICH IS INCORPORATED INTO THESE TERMS, AND YOU CONSENT TO SUCH COLLECTION, USE AND DISCLOSURE. IF YOU DO NOT AGREE TO BE SO BOUND, YOU MAY NOT ACCESS OR USE THE SITE OR ANY SERVICES.

By viewing or using our Site, you acknowledge and agree to these Terms and those posted by us from time to time. Company reserves the right to amend, change or modify these Terms at any time. No modification of these Terms by any party other than Company shall be valid or enforceable against Company unless expressly agreed to by Company in a writing signed by an authorized Company representative. When we post changes to these Terms, we will revise the “Last Updated” date at the top of the Terms. Your continued use of the Sites after any changes or revisions to these Terms become effective shall indicate your agreement with the terms of such revised and then-current Terms. You may be accessing our Site from a computer or mobile phone device and these Terms govern your use of the Site regardless of how you access it.

If you have any questions about these Terms, please contact us by email at privacy@hybegeffen-audition.com.

  1. GENERAL
  1. The Company offers a platform through which aspiring artists, performers and musicians can submit their materials and information for the Company’s consideration for the chance to be chosen to audition for the Company and potentially receive musical and artistic training.  
  2. Eligibility. To use the Site you must be, and represent and warrant that you are, at least 16 years old if a European Union citizen and 15 years old if a non-European Union citizen and expressly agree to these Terms and our Privacy Policy and consent to the use, processing and sharing of your personal information as set forth in the Privacy Policy.  Users below the age of majority in the applicable jurisdiction should not use the Sites without authorization from a parent or legal guardian.   In addition, if you have been previously prohibited from accessing the Site or the website of any of our affiliates, you are not permitted to access the Site.  Additional eligibility requirements are set forth below:
  1. Gender: Female 
  2. Ages: 15-19 if a non-European Union citizen; 16-19 if you are a European Union citizen
  3. Performance category: singing, rapping, dancing, or producing
  4. Dates: November 3, 2021 - November 28, 2021
  5. There may only be one entry per participant and there will be three rounds (The number of rounds is subject to change in Company’s discretion and updates shall be reflected here as an updated terms and conditions).
  6. No payment is needed to enter.
  7. The Company will select an unlimited number of “winners” in the first round, in Company’s sole discretion.
  8. Participants will be judged based on their artistic skills in their respective performance category. 
  9. Those selected in the first round may need to meet with Company in person for an in-person showcase for the second round.  If a contestant is selected after the second round, they may receive a training and development program, in Company’s sole discretion.
  10. If you are selected as a participant for further consideration, you will be required to timely complete and return all agreements required by Company, and if younger than eighteen (18) years of age, you will be required to have parents/legal guardians timely complete and return the Parental/Legal Guardian Consent form.

     c. License to Use the Site. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-sublicensable, non-transferable, and revocable right to access the Site, use the Services and make copies of information in any listings for your personal and limited commercial use, and as we otherwise intend. Company reserves the right to monitor the Services for the purpose of determining that your usage complies with these Terms.

     d. Prohibited Conduct. You may not use the Site or Services other than as expressly permitted above. Without limitation, you will not, directly or indirectly: (a) reverse engineer, decompile, tamper with or disassemble the technology used to provide the Services or Site (except as and only to the extent any foregoing restriction is prohibited by a non-waivable provision of applicable law); (b) interfere with or damage the Services, Site, or any underlying technology; (c) impersonate or misrepresent your identity or affiliation; (d) attempt to obtain unauthorized access to the Services or Site; (e) collect information about users of the Services, the Site, or the Service; (f) violate, misappropriate or infringe a third party’s intellectual property or other right, or any social media platform terms; (g) violate any law, rule, or regulation, or (h) interfere with any third party’s ability to use or enjoy, or our ability to provide, the Services or Site.

     e. Privacy Policy. Company’s Privacy Policy (which describes how we collect, use and disclose your data and your consent to such collection, use, and disclosure) is incorporated into and is a part of these Terms.

2. ACCOUNT REGISTRATION; ACCOUNT USE

    1. Account Registration. If you create an account or profile, you must provide us with complete and accurate information. You must promptly update such information to keep it complete and accurate. You are entirely responsible for maintaining the confidentiality of your password and account. You are entirely responsible for any and all activities that occur under your account. You may not use anyone else’s account at any time. We may remove or reclaim your username if we believe it is appropriate (such as in response to a trademark claim).
    2. Security of Your Account. You agree to notify Company immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss, damages, liability, expenses or attorneys’ fees that you may incur as a result of someone else using your password or account, either with or without your knowledge, to the fullest extent permitted by applicable law. You will be liable for losses, damages, liability, expenses and attorneys’ fees incurred by Company or a third party due to someone else using your account.
    3. No Obligation to Retain a Record of Your Account. Company has no obligation to retain a record of your account or any data or information that you may have stored for your convenience by means of your account or the Services.

3. INTELLECTUAL PROPERTY; THIRD-PARTY CONTENT AND SERVICES

    1. Intellectual Property Rights. All content on the Site, or otherwise made available via the Site, including the text, notes, graphics, photos, sounds, music, videos, interactivities and the like (“Content”), the trademarks, service marks and logos contained therein (“Marks”), the design of the Site and/or Services (“Site Design”), and all software and other technology used to provide the Site and/or Services (“Technology”), are owned by or licensed to Company and/or its affiliates. Content is provided to you “as is” for your information and personal use only and may not be used, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever. We reserve all rights not expressly granted in and to the Site, Content, Marks, Site Design and Technology. Using the Site and/or Services does not give you any ownership of or right in or to any Content, Marks, Site Design or Technology.
    2. Third-Party Content. The Site may contain information and content provided by third parties. We have no obligation to monitor, we do not endorse, and we are not liable for any third-party content. In addition, the Site may contain links to third-party websites. Company is not responsible for the content on any linked site or any link contained in a linked site. We do not endorse or accept any responsibility for the content on such third-party sites.
    3. Third-Party Services. Third parties may offer their services directly to you through the Site. In such case, you may be required to agree to the third party’s terms of service and/or privacy policy to use the service. Company will not be liable in any way for the acts or omissions of such third party, the terms of service or privacy policy of the third party or its failure to adhere to its terms of service or privacy policy, or any loss, damages, liability or expenses (including attorneys’ fees) that you may incur arising from or related to such third party’s services or products.

4. CONTRIBUTIONS TO COMPANY

Any of your information, including, without limitation, personal, biographical, professional and/or financial information, any text, photographs, artwork, ideas, videos, performances, questions, reviews, comments, suggestions, stories, or other content that you submit or post to the Site or otherwise provide to us are referred to as “User Content.” The following Terms apply to User Content:

  1. License to Company. By sharing, submitting or uploading any User Content, you grant Company a worldwide, perpetual, irrevocable, exclusive, royalty-free, sublicensable and transferable license to use, copy, distribute, display, publish, perform, sell, transmit, adapt, translate, modify, reverse-engineer, disassemble and create derivative works from your User Content in any manner existing now or created in the future. Subject to the license above, you retain ownership of User Content.
  2. Waiver of Moral Rights. You irrevocably waive and agree not to assert any rights, including any “moral rights,” that you have to prevent us from exploiting the rights granted in this Section.
  3. Right to Name, Image, Voice, Likeness and Biographical Information. You also irrevocably agree and consent that Company may use and exploit, and has the exclusive worldwide right and license to use, your name, image, voice, likeness and biographical information, all or any part of all photographs and video or filmed interviews of you and/or videotaped or filmed segments featuring you or your likeness that may be submitted as part of User Content, including but not limited to your picture, silhouette and other reproductions of your likeness and voice, any still photographs, whether from videos or otherwise, and any written transcript thereof, in connection with evaluating the User Content for purposes of further auditioning and exploitation and in connection with any other purpose whether it be advertising, commercial or promotional uses or material, whether in written, audio, video or other form, including, without limitation, on the Internet or in any and all media now known or hereinafter devised, in perpetuity, in Company’s sole discretion, without any obligation or remuneration to you.  Except as prohibited by law, you irrevocably waive or assign to Company the benefits of any provision of law known as “droit moral,” “moral rights” or any similar rights or principles of law in any country of the world which you may now or later have in the User Content, even if it is altered or changed in a manner not agreeable to you.  To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the rights granted herein.  You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section. You further agree that the Company may edit any User Content as it sees fit, and may translate it into languages other than English.
  4. Release for User Content.   You will not bring suit in law or equity against, and you hereby release from any and all liability, the Company, its affiliates, and each of their respective officers, directors, stockholders, employees, agents, and/or any other person or entity on the grounds of (1) rights of publicity (including any allegedly improper or unauthorized use of your name, likeness, voice, image or biographical information); (2) rights of privacy; (3) presenting you in a false light (including any allegedly false or misleading portrayal of you); (4) copyright, trademark or other intellectual property infringement; (5) defamation, libel or slander; (6) breach of alleged moral rights; or (7) any other claimed violation of a personal or property right with regard to the User Content or their use by the Company or such other person or entity.   You further release the Company from any liability for personal injury or property damage which may occur during the shooting, filming or taping of the User Content or your travel to and from the location thereof, as applicable.  You agree that the above release shall be effective as a full and final general release of all legal claims described in the release, whether you actually know about such claims or not, despite the fact that the California Civil Code Section 1542 or a similar law in another state may provide otherwise. You are aware that Section 1542 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.

         e. Your Responsibility for User Content. You acknowledge and agree that you are solely responsible for all the User Content that you make available through the Site. Accordingly, you represent and warrant that: (1) you have all rights, licenses, consents, and releases necessary to grant Company the required rights to disseminate any User Content and (2) neither your User Content nor your posting, uploading, publication, submission or transmittal of this User Content or Company’s use of your uploaded User Content (or any portion thereof) on, through or by the means of the Site, will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights or rights of publicity or privacy or result in the violation of any applicable law or regulation.  You assume all risks and liability associated with your User Content, including any third party or business’s reliance on its quality, accuracy, or reliability.  

         f. More specifically, and without limitation, you shall not:

    1. Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents to do the same.
    2. Defame, abuse, harass, stalk, threaten or otherwise violate any legal rights (including the rights of privacy and publicity) of others.
    3. Upload, post, email, transmit, or otherwise make available any unlawful, inappropriate, defamatory, obscene, pornographic, vulgar, offensive, fraudulent, false, misleading or deceptive content or message.
    4. Promote or engage in discrimination, bigotry, racism, hated or harassment against any individual or group.

         g. No Obligations Regarding User Content. We will not have any obligation to hold any User Content in confidence or compensate you or anyone else for its use. We have the right to remove or edit any User Content for any reason or no reason at all. We do not endorse any User Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein.  

  1. INFRINGEMENT
  1. Infringement Notification. Company respects the rights of others and we expect users of our Site and Services to do the same. These Terms prohibit the infringement of the copyrights of others, and it is also our policy that we may remove, suspend, terminate access of, or take other appropriate action against repeat offenders. We may also remove content that in our sole discretion appears to infringe the intellectual property rights of others.
  2. How to File an Infringement Notification. If you have evidence, know, or have a good faith belief that content residing on or accessible through our Site infringes a copyright which you own or for which you are a designated agent, please send a notice of infringement by fax, electronic mail or regular mail to Company’s designated Copyright Agent to receive notifications of claimed infringement by one of the following means:

Company Copyright Agent

The Corporation Trust Company

1209 Orange Street

Wilmington DE 19801

privacy@hybegeffen-audition.com

1-800-923-0816

with the information that sets forth the items specified below:

  1. Identify the copyrighted work claimed to have been infringed. If multiple copyrighted works are covered by a single notification, provide a representative list of such works.
  2. Identify the material that is claimed to be infringing or to be the subject of infringing activity. Include information reasonably sufficient to permit Company to locate the material. Please provide a URL and screenshots for each item. Include the specific asset(s) or page(s) that you claim to be infringing. Say “entire work” ONLY if all assets/pages in a collection/document are infringing.
  3. Include details of your claim to the material, or your relationship to the material’s copyright holder.
  4. Provide your full name, address, and telephone number should we need to clarify your claim.
  5. Provide a working email address where we can contact you to confirm your claim.
  6. If true, include the following statement: “I have a good faith belief that use of the copyrighted materials described above as the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law.”
  7. If true, include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the copyright owner to make this complaint.”
  8. Sign the document, physically or electronically.

 

  1. WARRANTIES; DISCLAIMER; LIMITATION OF LIABILITY; NOTICE TO NEW JERSEY RESIDENTS
  1. NO WARRANTIES. THE SITE AND SERVICES ARE PROVIDED “AS AVAILABLE” AND “AS IS” TO THE FULLEST EXTENT PERMITTED BY LAW, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND. COMPANY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES, EXPRESS, IMPLIED AND STATUTORY, INCLUDING ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. COMPANY DOES NOT WARRANT THAT ANY SERVICES WILL BE IN AVAILABLE, SAFE, DEFECT-FREE, OR CONFORM WITH WRITTEN OR ORAL SPECIFICATIONS, GUARANTEES, REPRESENTATIONS, WARRANTIES OR PROMISES.  THIS PROVISION IS NOT INTENDED TO DISCLAIM LIABILITY THAT WE MAY NOT DISCLAIM UNDER APPLICABLE LAW.
  2. USE OF SITE IS AT YOUR OWN RISK. COMPANY DOES NOT REPRESENT OR WARRANT THAT THE SITE, SERVICES OR EMAILS SENT TO YOU WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, FREE OF VIRUSES OR OTHER HARMFUL CODE, OR THAT ALL INFORMATION WILL BE ACCURATE OR COMPLETE. YOU AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR HARDWARE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF MATERIAL OR DATA. COMPANY MAKES NO REPRESENTATION, WARRANTY, GUARANTEE OR PROMISE THAT THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS OR ACHIEVE ANY PARTICULAR RESULTS. COMPANY WILL NOT BE RESPONSIBLE FOR ANY THIRD-PARTY CONTENT OR SERVICES ON THE SITE, ANY LINKS TO THIRD-PARTY WEBSITES OR ANY THIRD-PARTY WEBSITES, INCLUDING ANY SUCH CONTENT OR LINKS FROM PROVIDERS OR BUSINESSES. COMPANY MAKES ALL DISCLAIMERS IN THIS PARAGRAPH ON BEHALF OF ITSELF AND ITS LICENSORS AND PARTNERS.
  3. NO RESPONSIBILITY FOR THIRD-PARTY MATERIALS. COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT, SERVICE OR ENGAGEMENT ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY WEBSITE FEATURED OR LINKED TO THROUGH THE SITE, AND COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. COMPANY WILL NOT BE LIABLE FOR THE OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY. YOU VOLUNTARILY ASSUME THE RISK OF HARM OR DAMAGE FROM THE FOREGOING. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE AND TO THE FULLEST EXTENT PERMITTED BY LAW.
  4. NO CONSEQUENTIAL DAMAGES. IN NO EVENT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WILL COMPANY, ITS AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES OR REPRESENTATIVES (COLLECTIVELY “COMPANY” FOR PURPOSES OF THIS SECTION) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM THE PERFORMANCE, USE OF OR THE INABILITY TO USE THE SITE OR SERVICES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, VIOLATION OF STATUTE OR OTHERWISE. COMPANY WILL NOT BE LIABLE FOR THE COST OF REPLACEMENT SERVICES, LOSS OF REVENUE, OR LOSS OF GOOD WILL.
  5. OUR LIABILITY IS LIMITED. IN ANY EVENT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR AGGREGATE LIABILITY WILL NOT EXCEED THE AMOUNT PAID FOR THE SERVICES TO WHICH THE CLAIM RELATES OR, IF THE CLAIM DOES NOT RELATE TO A SERVICE, $99.99. THIS PROVISION IS NOT INTENDED TO EXCLUDE LIABILITY THAT COMPANY MAY NOT EXCLUDE UNDER APPLICABLE LAW.
  6. NOTICE TO NEW JERSEY RESIDENTS. Your rights are protected under the Truth-in-Consumer Contract, Warranty and Notice Act and New Jersey law generally.  The following provisions in these Terms do not apply to you and are not intended to vary, diminish or alter your rights under New Jersey law: specifically, nothing in these Terms limits, varies, diminishes, affects, or otherwise voids or alters your rights under New Jersey law as they relate to the following: limitations of liability or exculpation (such as limitations on indirect, incidental, special, exemplary, consequential or similar damages); dispute resolution; indemnification; venue or jurisdiction; statutes of limitation or repose periods for bringing claims; plain language requirements; and warranties.  Your rights regarding these specific provisions will be governed by New Jersey law.  In the event of any conflict between these Terms and New Jersey law, New Jersey law shall govern.

 

  1. INDEMNITY

You agree to defend, indemnify and hold harmless Company, its affiliates and their respective directors, officers, employees and agents (the “Indemnified Parties”) from and against any and all claims, damages, losses, liabilities and expenses (including attorneys’ fees) incurred in connection with any third-party claim brought or asserted against any of the Indemnified Parties: (a) alleging facts or circumstances that would, if true, constitute a violation of any provision of these Terms by you, (b) arising from or related to our use of your User Content in the context of the Services or (c) your intentional or negligent acts or omissions. You may not settle any such claim without our express written consent. This defense and indemnification obligation is intended to extend to the fullest extent permitted by applicable law and will survive these Terms and your use of the Site.

  1. TERMINATION; SURVIVAL
  1. Term. These Terms are effective unless and until terminated by you or us. We may, in our sole and absolute discretion and without any liability, modify, suspend or discontinue any aspect of the Site, temporarily or permanently, at any time and without prior notice.
  2. Modification and Termination of Site and Services. We may modify or terminate the Site or the Services, your access to the Services, in part or as a whole, at any time, for any or no reason, and without notice or liability to you.
  3. Suspension or Termination. We may deny you access to all or part of the Site at any time for any reason (including if you violate these Terms, as determined in our sole and absolute discretion) or no reason at all. If we terminate for no reason your right to access the Site, we will fulfill our obligations to you related to any orders outstanding at the time of termination.
  4. Effect of Termination. If you terminate your account, you will remain liable under these Terms for any purchase made prior to termination. If we terminate your right to access the Site, these Terms will terminate and all rights you have to access the Site will immediately terminate.  The expiration or termination of these Terms shall not affect those provisions, and the rights and obligations therein, set forth in these Terms which either: (i) by their terms state, or evidence the intent of the parties, that the provisions survive the expiration or termination of these Terms, or (i) must survive to give effect to the provisions of these Terms. 

 

9. GOVERNING LAW/DISPUTE RESOLUTION/ARBITRATION

a. All matters relating to the Site and Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction). 

b. By using the Site you agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Los Angeles, California before a single neutral arbitrator. The arbitration shall be administered by Judicial Arbitration and Mediation Services, Inc. (“JAMS”) pursuant to its Comprehensive Arbitration Rules and Procedures.  The parties to arbitration may use legal counsel at their own expense. All costs of arbitration (including arbitrator fees) shall be paid by Company, except only that if you bring the arbitration, you may be charged an initial filing fee that shall not exceed the filing fees that you would incur for bringing an action in court.  This clause shall not preclude the parties from seeking provisional remedies in aid of arbitration from a court with appropriate jurisdiction, including equitable relief or other provisional relief as appropriate, in which case the parties submit to the sole and exclusive jurisdiction and venue of the state and federal courts of Los Angeles, California.  Notwithstanding anything else in these Terms or the JAMS rules, any parties subject to this arbitration provision shall be barred from bringing or participating in any Class Action (as defined below) related to a dispute covered by this arbitration provision. Notwithstanding anything else in these Terms or the JAMS rules, it is agreed that the arbitrator is specifically denied the authority to consider or certify any Class Action under these Terms.   However, if these Class Action restrictions are ever deemed illegal or unenforceable, they shall be severed from this arbitration provision. In that event, any Class Action shall by exempted from this arbitration provision and brought in court of competent jurisdiction, in connection therewith and each of the parties consent to the sole and exclusive jurisdiction of the state and federal courts of the State of California, County of Los Angeles, Central District. For purposes of these Terms, the term “Class Action” shall mean claims brought on behalf of or allegedly representing or including other persons or entities, including but not limited to any class, consolidated, representative, collective or private attorney general action. This arbitration provision is subject to the Federal Arbitration Act, and may be enforced in any court of competent jurisdiction. WAIVER. BY AGREEING TO THESE TERMS AND SUBJECT THERETO, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO A COURT TRIAL (OTHER THAN SMALL CLAIMS COURT AS PROVIDED ABOVE) OR TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING FILED AGAINST US AND/OR RELATED THIRD PARTIES.

 

10. GENERAL TERMS

  1. Force Majeure. Under no circumstances shall Company be held liable for any delay or failure in performance resulting directly or indirectly from an event beyond its reasonable control.
  2. No Waiver; Severability. No waiver of any term of these Terms will be binding unless in writing, no waiver of any term of these Terms will be deemed a further or continuing waiver of such term or any other term, and the failure of Company to exercise or enforce any right or remedy in these Terms does not waive that right or remedy. The provisions of these Terms are intended to extend only to the fullest extent permitted by applicable law. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms to be invalid, the parties agree that the court should endeavor to give effect, to the maximum extent permitted by law, to the parties’ intentions as reflected in the provision, and the other provisions of these Terms will remain in full force and effect.
  3. Miscellaneous. These Terms (and all policies, terms and conditions referenced herein) constitute the entire agreement between you and Company and govern your use of the Site, Services and products provided by Company, and supersede any prior agreements between you and Company on the subject matters. You also may be subject to additional terms that may apply when you use certain Company services or third-party content, links or websites. These Terms, and any rights or licenses granted hereunder, may not be assigned or delegated by you. These Terms, and any rights or licenses granted hereunder, may be assigned or delegated by Company without restriction. These Terms bind and inure to the benefit of each party and the party’s successors and permitted assigns. These Terms may not be modified by an oral statement by a representative of Company. A party’s failure or delay in exercising any right, power or privilege under these Terms will not waive its rights to exercise such right, power, or privilege in the future, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise of such right, power, or privilege, or the exercise of any other right, power, or privilege under these Terms. No agency, partnership, joint venture or employee-employer relationship is intended or created by these Terms. You agree to comply with all applicable laws in your use of the Site and Services. You agree that any agreements made by and between you and us in electronic form are as legally binding as if made in physical written form. These Terms will not be construed against the drafter. “Include(s)” or “including” means, respectively, “include(s), without limitation,” or “including, without limitation,”, unless expressly stated otherwise. If you are using the Site or Services for or on behalf of the U.S. or any other government, your license rights do not exceed those granted to non-government consumers.
  4. Notices and Electronic Communications. You hereby consent to receiving and transacting with us by electronic means. We may deliver notice to you by e-mail, posting a notice on the Site or any other method we choose and such notice will be effective on dispatch. If you give notice to us, it will be effective when received and you must use the following email address or toll free number: privacy@hybegeffen-audition.com or 1-800-923-0816.