Fox Terms of Service Agreement

PLEASE CAREFULLY READ THESE TERMS OF SERVICE (“AGREEMENT”), ALONG WITH THE PRIVACY POLICY AND OTHER POLICIES AND AGREEMENTS REFERENCED IN THESE TERMS OF SERVICE (ALL OF WHICH ARE HEREBY INCORPORATED BY REFERENCE AND MADE A PART OF THIS AGREEMENT), BEFORE USING THE “FOX SERVICES” (AS DEFINED BELOW).

IMPORTANT NOTICE REGARDING DISPUTE RESOLUTION: BY USING THE FOX SERVICES AND/OR THE ACCESS POINTS (AS DEFINED BELOW), AND/OR ACCEPTING THIS AGREEMENT, YOU AND WE ARE AGREEING (WITH LIMITED EXCEPTIONS) TO RESOLVE ANY DISPUTE BETWEEN YOU AND US THROUGH A DISPUTE RESOLUTION PROCEDURE DESCRIBED IN SECTION 14 BELOW. YOU AND COMPANY EACH WAIVE THE RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION IN CONNECTION WITH SUCH DISPUTES. PLEASE REVIEW CAREFULLY SECTION 14 BELOW TITLED “INFORMAL DISPUTE RESOLUTION PROCEDURE, ARBITRATION AGREEMENT AND CLASS ACTION WAIVER” FOR DETAILS REGARDING THIS DISPUTE RESOLUTION PROCEDURE (INCLUDING THE PROCEDURE TO OPT OUT OF ARBITRATION).

ACCESSIBILITY -- IF YOU ARE HAVING ANY TROUBLE ACCESSING THE FOX SERVICES PLEASE CONTACT US AT (310) 369-1000 OR VIA EMAIL AT info@Fox.com

1. Description of Services and Acceptance of Terms

   Fox Digital Services, LLC (“Fox,” “Company,” “we” or “us”) has developed these Terms of Service to describe the terms that govern your use of the Fox Services and Access Points (each defined below). Company is based in the United States. Please note that the functionality of the Fox Services and Access Points governed by these Terms of Service will vary between each other and over time. Some of the particular provisions in these Terms of Service will apply only if the particular Fox Services or Access Points being visited include the type of functionality that is addressed by such provisions. Those provisions are included in these Terms of Service because these Terms of Service are designed to apply across different Fox Services and Access Points and over time without the need for frequent updates. That said, Fox reserves the right to update these Terms of Service as more specifically set forth in Section 2 below and elsewhere.

   Fox is an online streaming service that gives users the opportunity to select and personally enjoy various live programming, on-demand and other programming (including video clips), and other content (individually and collectively, the “Content”). That online streaming service, including the Content, our player for viewing the Content (the “Video Player”) and all other products, features, tools, materials, and other services (including third-party branded services) offered from time to time by Company on or through a variety of Access Points (defined below), are referred to individually and collectively herein as the “Fox Services” or the “Services”. The term “Access Points” refers to, collectively, the Fox website, applications (including any App (defined below)) and other places where any of the Services are authorized by Company or a Company Affiliate (defined below) to be made available, including any website or application of any of our third-party programming providers or distribution providers (for example, digital distribution platforms) and other websites where users or website operators are permitted to embed or have otherwise licensed the Video Player. Company may also use third-party service providers, such as payment processors, vendors, contractors, agents and sponsors, to operate, develop or help manage and/or provide the Fox Services.

   Your use of the Fox Services (including access to the Content) and each Access Point is conditioned on your compliance with these Terms of Service, which incorporate by reference our Privacy Policy (“Privacy Policy”) and other policies and agreements referenced in these Terms of Service, all of which are hereby incorporated herein by this reference and collectively referred to in these Terms of Service as this “Agreement”. You acknowledge and agree that Company and its service providers may monitor, record and retain your communications with us, including any discussions you have with any live customer support representative or via any chat functionality offered to you as part of or in connection with the Fox Services, for our mutual protection and to allow us to improve and enhance the Fox Services and associated support and Third-Party Services. Your use of certain features or functions offered through the Fox Services or any Access Point and your access to Third-Party Services associated with the Fox Services, including chat functionality offered as part of customer support for Fox Services, may require you to accept and comply with additional terms and conditions that apply to those features or functions in addition to this Agreement. In the event of a conflict or inconsistency between those additional terms and this Agreement, those additional terms will prevail with respect to your use of those particular features or functions.

   Company furnishes the Fox Services for your personal enjoyment and entertainment. By using the Fox Services (whether or not you have an account or subscription) or any Access Point or by clicking a box that states that you accept and agree to this Agreement, you signify your unconditional agreement to be bound by this Agreement, including all future modifications, and to abide by all applicable laws, rules and regulations (“Applicable Law”). Please read through this Agreement carefully. If you do not agree to be bound by this Agreement and to abide by Applicable Law, you may not use the Fox Services or any Access Point and must cancel and discontinue use of the Fox Services and the Access Points immediately. Your use of the Fox Services and the Access Points is subject to your continued compliance with this Agreement.

   Please note that the Fox Services addresses (i.e., URLs), included within this Agreement, may not function as hyperlinks on all the Access Points. To view this Agreement with clickable hyperlinks, please click here.

2. Changes to this Agreement

   We may need to make changes to this Agreement from time to time for many reasons. For example, we may need to reflect updates in how the Services work or there may be changes in Applicable Law. You should review this Agreement regularly. In addition, you can access this Agreement when you are logged into Fox Services. If we make a material change to this Agreement, we will notify you by sending an email to the email address you most recently provided to us prior to the material change taking effect. Therefore, it is important that you keep your account information, including email address, updated. Any material change to this Agreement will be effective automatically upon your next use of the Services after you are notified of such change or, for users who register or otherwise provide opt-in consent during this 10-day period, at the time of registration or consent, as applicable.

   Your continued use of the Fox Services or any Access Point following any modification will constitute your acceptance of and agreement to be bound by this Agreement as so modified by the changes we make.

3. Access and Use of the Services

   • 3.1 Personal Use Only. The Fox Services are intended solely for your personal and non-commercial use. Company may change, suspend or discontinue the Fox Services and the Access Points, in each case whole or in part, at any time. Company may also impose limits on certain features and services offered on the Fox Services or any Access Point or restrict your access to parts or all of the Fox Services and Access Points without notice or liability. You acknowledge that from time to time the Fox Services and each Access Point may, in whole or part, be inaccessible or inoperable for any reason, including: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which Company may undertake from time to time; or (iii) causes beyond the control of Company or that are not reasonably foreseeable by Company.

   • 3.2 Age Limitations. You must be 18 years of age to subscribe to the Fox Services. Persons under 18 may access the Fox Services only under the supervision of a parent or legal guardian and through the parent or legal guardian’s subscription account. You acknowledge that by using the Fox Services, you may be exposed to content that you find objectionable, and it is your sole responsibility to determine whether the content in the Fox Services is suitable for you. Some content may not be suitable for children or people under the age of 18.

   • 3.3 Your License. Company grants you a non-exclusive, non-transferable, non-sublicensable, revocable limited license to use the Services and Access Points, including accessing and privately viewing the Content on a streaming, temporary download (if available), or other bases through the Video Player, for personal, non-commercial purposes only within the United States and only as set forth in this Agreement. Company also grants you a non-exclusive, non-transferable, non-sublicensable, revocable limited license to download, install, access, and use an object code version of any App on a Compatible Device (defined below) solely for the purpose of accessing and using the Fox Services in accordance with this Agreement. The periods during which you can view each piece of Content will vary based on the rights available for such Content and the terms of your subscription. You shall not interfere or attempt to interfere (or permit the use of your subscription by a third party to interfere or attempt to interfere) with the operation or use of Fox Services or any Access Point by other members in any way through any means or device, including spamming, hacking, uploading computer a virus, malware, or time bomb, or any other means expressly prohibited by any provision of this Agreement. You understand that some of the Content that is available as part of the Services may be protected by security technology, and you agree not to circumvent, disable, disassemble, remove, alter, deactivate, degrade or otherwise tamper with such security technology or attempt to do any of the foregoing (or permit the use of your subscription by a third party to do, or attempt to do, any of the foregoing). In addition, you shall not, and you shall not permit any third party to use your subscription to, (i) reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit the Fox Services or any Access Point; or (ii) remove, delete, alter, or obscure any trademark or any copyright, trademark, or other intellectual property or proprietary right notice from the Fox Services or any Access Point. Company may, in its sole discretion, and at any time, with or without notice, suspend, disable or terminate your subscription (free or paid) and/or access to all or any part of the Services at any time, with or without prior notice, for any reason or no reason at all, without liability. If we suspend, disable or terminate your subscription, you agree that you will not create another one or otherwise try to access the Services without our permission. You agree not to sell, transfer or assign your subscription or any subscription rights.

   • 3.4 The Content

     Content tends to elicit varying reactions among different people. As is true for many websites and content platforms, you may come across Content that you find offensive, indecent, explicit or objectionable. Also, Content types, genres, categories, and descriptions are provided as suggestions to help with navigation, and Company does not guarantee that you will agree with them. For those who are susceptible to photosensitive epilepsy or other photosensitivities, it is also important to know that some Content may contain flashing lights sequences or patterns. You acknowledge and voluntarily accept these risks.

     Company uses various technologies to provide you with an optimal viewing experience. That said, quality of Content, including resolution, may be affected by the format of the Content, your location, the speed and bandwidth of your internet service, and the devices used, among other factors. HD and 4K Ultra HD availability for certain Content depends on your internet service and device capabilities. The time it takes you to begin playing Content will vary based on a number of factors, including your location, internet bandwidth, the number of devices simultaneously connecting to the same network, the Content you have selected, and the configuration of the device you are using. As a result, Company does not make any warranties about the quality of the content or the time it takes to play Content.

   • 3.5 Limited Content License. The Fox Services and Access Points contain information, text, files, images, video, sounds, musical works, works of authorship, materials, applications, software, product names, company names, trade names, logos, designs, and any other materials or content of Company and/or any of its parents, subsidiaries, or affiliates (all of the foregoing, collectively, “Company Affiliates”) and the respective licensors and assignors of any of the foregoing. All Content contained in the Fox Services is protected by copyright, trademark, patent, trade secret and other laws and, as between you and Company, Company owns and retains all rights in and to the Content, other Fox Services and Access Points. Company hereby grants you a non-exclusive, limited, revocable, non-sublicensable, non-transferable license to access and privately display or perform the Content (excluding, for the sake of clarity, any software code) solely for your personal, non-commercial use. Except as expressly permitted in this Agreement, you shall not copy, download, stream capture, reproduce, duplicate, archive, upload, modify, translate, publish, broadcast, transmit, retransmit, distribute, perform, display, sell, lease, sublicense, assign, frame or deep-link, make available or otherwise use the Content or any component thereof, including any Content file, code, or credentials that allow access to any Content. Except as expressly permitted by the limited license set forth above, no right, title, or interest in any Content is transferred to you, and you acknowledge that the Content is licensed, not sold, to you.

     Except as explicitly and expressly permitted by Company, you are strictly prohibited from using the Content beyond the scope of the limited license under this Agreement or otherwise creating any work or material (including to fonts, icons, link buttons, wallpaper, desktop themes, on-line postcards, montages, mash-ups and similar videos, greeting cards and unlicensed merchandise) that derive from or are based on the Content, features, sequences, programming organization, algorithms or Fox Services. This prohibition applies regardless of whether such derivative works or materials are displayed, promoted, sold, bartered or given away. In addition, you may not, either directly or through the use of any device, software, internet site, web-based service or other means, remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notice marked on the Content, Fox Services, Access Points or any digital rights management mechanism, device, or other content protection, copy control, or access control measure associated with the Content, Fox Services or Access Points, including geo-filtering mechanisms. Except as expressly stated in this Agreement, you are expressly prohibited from using the Content and/or any other Fox Services or Access Points in any manner.

     You will not, without Company’s express prior written permission, “mirror” any Content or the Fox Services. You will not use the Fox Services or any Access Point for any purpose that is unlawful or prohibited by this Agreement. You will not use the Fox Services or any Access Point in any manner that could damage, disable, overburden, or impair Company, the Fox Services, Access Points, or otherwise interfere with any other party’s use and enjoyment of the Fox Services. You will not attempt to gain unauthorized access to the Fox Services through hacking, password mining or any other means. Company reserves the right, in its sole discretion, to terminate your access to the Fox Services, or any portion thereof, at any time, for any reason or for no reason at all, without prior notice or any notice.

     You will not use or reproduce the Content – inclusive of text, photographs, images, audio/video clips, “look and feel,” metadata, or compilations of the Content – except as expressly authorized in this Agreement. You may not use the Fox Services or any Access Point for the development of any software program, including training or otherwise developing a machine learning or artificial intelligence system or algorithm. You will not create, recreate, distribute or advertise an index of the Content unless authorized by Company. You will not build a business utilizing the Content, whether or not for profit.

   • 3.6 The Video Player. You will not modify, enhance, remove, interfere with, or otherwise alter in any way any portion of the Video Player, its underlying technology, any digital rights management mechanism, device, or other content protection or access control measure incorporated into the Video Player. This restriction includes disabling, reverse engineering, modifying, interfering with or otherwise circumventing the Video Player in any manner that enables any user to view the Content without: (i) displaying visibly both the Video Player and all surrounding elements (including the graphical user interface, advertising, copyright notices, and trademarks) of the Access Point where the Video Player is located; and (ii) having full access to all functionality of the Video Player, including all video quality and display functionality and all interactive, elective, or click-through advertising functionality.

   • 3.7 Embedding a Video Using the Video Player. Where Company has incorporated an embed option in connection with Content on the Fox Services, you may embed videos using the Video Player, provided you do not embed the Video Player on any website or other location that (i) contains or hosts content that is unlawful, infringing, pornographic, obscene, defamatory, libelous, threatening, harassing, vulgar, indecent, profane, hateful, racially or ethnically offensive, encourages criminal conduct, gives rise to civil liability, violates any Applicable Law, infringes any right of any third party including intellectual property rights, or is otherwise inappropriate or objectionable to Company (in Company’s sole discretion), or (ii) links to infringing or unauthorized content. You may not embed the Video Player into any hardware or software application, even for non-commercial purposes. Company reserves the right to prevent embedding to any website or other location that Company finds inappropriate or objectionable (as determined by Company in its sole discretion).

   • 3.8 Compatible Devices. In order to access the Services, you will need to use a computer, mobile device, streaming media player, or other device that meets the system and compatibility requirements that we establish from time to time (each, a “Compatible Device”). Features and functionalities that we make available through the Services may differ by Compatible Device. You may have up to three (3) Compatible Devices simultaneously logged into active sessions associated with your Services subscription.

   • 3.9 Internet Service and Data Usage. In order to access the Services, you must have a high-speed broadband, wireless or similar internet connection from an internet service provider that meets certain technical specifications. Please note that some features of the Services may require higher internet bandwidth. You are responsible for any costs associated with your internet service used to access the Services. Your use of the Services may count toward your data usage, depending on the terms of your agreement with your internet service provider.

   • 3.10 Ownership. You agree that Company owns and retains all rights in and to the Services and Access Points. You further agree that the Content you access and view as part of the Services is owned, licensed and/or controlled by Company. The Services and Access Points are protected by copyright, trademark, and other intellectual property laws. Nothing contained in this Agreement, on the Services or on any Access Point should be construed as granting, by implication, estoppel or otherwise, any license or right to use the Content in any manner not expressly permitted herein. UNAUTHORIZED USE, COPYING, REPRODUCTION, MODIFICATION, PUBLICATION, REPUBLICATION, UPLOADING, FRAMING, DOWNLOADING, POSTING, TRANSMITTING, DISTRIBUTING, DUPLICATING OR ANY OTHER UNAUTHORIZED OF ANY OF THE CONTENT IS STRICTLY PROHIBITED. Any use of the Content other than as permitted by this Agreement will violate this Agreement and may infringe upon our rights or the rights of the third party that owns the Content in question. You agree to report any violation of this Agreement by others that you become aware of. You are advised that Company will aggressively enforce its rights to the fullest extent of the law.

   • 3.11 No Spam/Unsolicited Communications and Submissions. You may not use the Fox Services or any Access Point to harvest information about any other user for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk or any other communication. You understand that we may employ technical measures to prevent spam or unsolicited bulk or any other communication from entering, utilizing, or remaining within our computer or communications networks. If you send spam, advertising, or any other unsolicited communications of any kind through the Services or any Access Point, you acknowledge that you will have caused substantial harm to Company and that the amount of such harm would be extremely difficult to measure. As a reasonable estimation of such harm, and by way of liquidated damages and not as a penalty, you agree to pay Company $50 for each actual or intended recipient of such communication.

     Company does not knowingly accept, via the Fox Services, any Access Point or otherwise, unsolicited submissions including submissions by you of blog ideas, articles, scripts, story lines, fan fiction, characters, drawings, information, suggestions, proposals, ideas or concepts. Company requests that you do not make any unsolicited submission. Any similarity between an unsolicited submission and any element in any Company or Company Affiliate creative work, including a film, series, story, title or concept, would be purely coincidental. If you do send any submission to Company via the Fox Services or any Access Point that are unsolicited, however, you agree that (i) your unsolicited submission is not being made in confidence or trust and that by making such submission, no contractual or fiduciary relationship is created between you and Company; (ii) each such unsolicited submission and copyright becomes the property of and will be owned by Company and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as Company sees fit; (iii) you are not entitled to any compensation, credit or notice whatsoever in connection with such unsolicited submission; and (iv) by sending an unsolicited submission, you waive the right to make any claim against Company or any Company Affiliate relating to any unsolicited submission by you, including unfair competition, breach of implied contract or breach of confidentiality.

   • 3.12 Software Downloads. In order to use the Fox Services or access certain Content, you may need to download software or other materials and/or agree to additional terms and conditions. Unless otherwise expressly provided in additional terms and conditions, they are hereby incorporated into this Agreement.

   • 3.13 Modification/Suspension/Discontinuation. We regularly make changes to the Fox Services. The availability of the Content, as well as Access Points and Compatible Devices through which the Services are available, will change from time to time. The composition of the Content library and other Content offered at the time you register for the Services may not reflect the Content library that will be offered throughout your subscription and should not be relied upon. Company reserves the right to update, revise, replace or remove the Content (or any portion thereof) and Access Point(s) available to you through the Services, including specific titles and networks/channels, and to otherwise make changes in how we operate the Services. Additionally, you acknowledge and agree that for various reasons, such as restrictions from content programmers and other limitations or considerations from third parties, certain Content that may be available through one Access Point may not be available through another Access Point. We hope not to, but we may change, suspend, or discontinue - temporarily or permanently - some or all of the Services (including the Content (or some portion thereof) and the Compatible Devices through which the Services are accessed) and Access Points, with respect to any or all users, at any time without notice. In our continued assessment of the Services, we may from time to time, with respect to any or all of our users, experiment with or otherwise offer certain features or other elements of the Services, including promotional features, user interfaces, plans, pricing, in-application purchases, enhanced display resolution, and advertisements. You acknowledge that Company may do so in Company’s sole discretion at any time without notice. You also agree that Company will not be liable to you for any modification, suspension, or discontinuance of the Services, Content (or some portion thereof) or any Access Point, although if you are a Fox Services subscriber and Company suspends or discontinues your subscription to the Fox Services without cause, then as your sole and exclusive remedy Company may, in Company’s sole discretion, provide you with a credit, discount or other form of consideration (for example, we may credit additional days of Service to your account) in accordance with Section 4 below. However, if Company terminates your Fox Services subscription or suspends or discontinues your access to the Fox Services due to your violation of this Agreement, then you will not be eligible for any such credit, discount or other consideration.

   • 3.14 Customer Support. If we can be of help to you, please do not hesitate to contact our customer support department by clicking here. We aim to deliver first-class customer support, but, in the unlikely event that a customer support representative provides information that is inconsistent with this Agreement, please be aware that this Agreement will control.

4. Subscriptions and Billing

   The information below applies only to consumers who subscribe to Fox Services through Company. We may require you to create an account in order to access the Fox Services. Only the account holder, and those with permission from the account holder, may create an account. If you made a purchase from one of our third-party partners, please contact the respective party for information about billing. Also be aware that, for your convenience, your Payment Method (defined below) may be accessible on Company Affiliate websites or services where you may elect to use the same Payment Method in order to process your transaction with any such Company Affiliate.

   • 4.1 Subscriptions. We charge a subscription fee to access the Fox Services. The subscription fee will be automatically charged to your Payment Method in the amount and frequency selected by you when you sign up for the Fox Services, as further described in these Terms. You can find the specific details regarding your subscription at any time by logging in to Fox Services and viewing your subscription details. Because the Services are offered in multiple time zones, for consistency, a “day” for purposes of this Agreement begins at 12:00 a.m. Eastern Time and ends at 11:59 p.m. Eastern Time of that same calendar day. Subscription fees are non-refundable.

   • 4.2 Billing. By providing a credit card or other payment method for your subscription to the Fox Services (“Payment Method”) when you sign up for the Fox Services and accept these Terms, you are expressly agreeing that we or an independent third-party payment service provider selected by, but not affiliated with, us (the “Payment Service”) are authorized to charge you a periodic subscription fee to your provided Payment Method on a recurring basis corresponding to the term of your subscription, all other fees for additional services you may purchase (including any pay-per-view event), and all applicable taxes in connection with your use of your subscription . If you want to use a Payment Method that is different from the one you used during registration, or if there is a change in your Payment Method validity or expiration date, you may edit your Payment Method information by logging in on the Fox Services or an Access Point and viewing your subscription details. When you provide a Payment Method to access a subscription, including in connection with a free trial offer, our Payment Service will attempt to verify the information you entered. The Payment Service will do this by processing an authorization hold, which is a standard practice. If your Payment Method expires and you do not update your Payment Method information or properly cancel your subscription before it automatically renews, you authorize the Payment Service to continue billing, and you will remain responsible for any uncollected amounts. From time to time, our Payment Service may update your Payment Method using information from the financial institution providing your Payment Method. The collection and processing of your Payment Method for the Fox Services shall be governed by the terms of use/service and privacy policy(ies) of our Payment Service. Please also be aware that some Payment Methods may not be eligible for certain Payment Service features and functionality, including any automatic Payment Method by our Payment Service providers. If we are unable to obtain a valid Payment Method, we may, at our discretion, suspend and/or cancel your subscription and access to the Fox Services without further notice.

     As used in this Agreement, “billing” shall indicate either a charge or debit, as applicable, against your Payment Method. The subscription fee will be billed at the beginning of your subscription or expiration of your free trial period (unless cancelled prior to the expiration of the free trial, if any), whichever is earlier, and in connection with every automatic renewal thereafter, unless and until you properly cancel your subscription or the Services are otherwise discontinued pursuant to this Agreement.

     The Payment Service will automatically bill your Payment Method on or about the same calendar day corresponding to your subscription cycle. For example, if you purchase a monthly subscription that begins on January 10, the Payment Service will bill your Payment Method January 10, February 10, March 10, and so on each month, unless and until you properly cancel your subscription. For subscribers whose subscription starts with a free trial, billing will commence upon the expiration of the free trial and continue monthly as set forth above. The interval of time between each payment due date shall correspond to the term of your subscription and be referred to herein as a “Billing Period.” However, if your subscription commences on the 29th, 30th, or 31st in a given month, your Payment Method will be charged on the first day of the following month. For example, if you purchase your subscription on October 31, your Payment Method will be charged on November 1 for October 31 and all of November, and then subsequent charges will occur on the first day of following months. You acknowledge that the timing of when you are billed and the amount billed each Billing Period may vary, including for example due to free trials and other promotional offers, credits applied, changes in your subscription, changes in your Payment Method, and changes in applicable taxes, and you authorize us or the Payment Service to charge your Payment Method for the corresponding amounts.

     We receive updated payment card account status from the payment card issuer of certain participating payment card providers (specifically, whether payment card account number is updated or replaced). Not all entities authorized to issue payment cards participate in such disclosure of information. Please contact your payment card issuer for further information.

     If we or a Company Affiliate offer you a promotion (e.g., a promotional price) for your subscription, the specific terms of the promotion will be disclosed during your sign-up or in other materials provided to you describing the particular promotion. In the case of promotional pricing, after your promotion ends, the Payment Service will begin billing your Payment Method for your subscription at the regular price after your promotion ends unless you properly cancel prior to the end of your promotion or unless otherwise disclosed in communications made available to you.

     Company reserves the right to change the terms of your Fox Services subscription, including price, from time to time, effective as of the beginning of your next Billing Period following the date of the change. If Company changes the subscription fee or other charges for your Fox Services subscription, we will give you advance notice of these changes and you will have the opportunity to cancel your subscription prior to incurring the new charges. However, we will not be able to notify you of changes in any applicable taxes.

     Very rarely, if there are special circumstances where Company determines it is appropriate (e.g., your access to the Services is unavailable for days due to technical difficulties), we may provide credits to affected subscribers. The amount and form of such credits, and the decision to provide them, are at Company’s sole and absolute discretion, and the provision of credits in one instance does not entitle anyone to credits or in the future under similar or different circumstances.

   • 4.3 Ongoing Subscription. Your subscription will continue in effect unless and until you properly cancel your subscription or the account or Services ARE otherwise suspended or discontinued pursuant to this Agreement. You must cancel your subscription before your next payment date in order to avoid the next billing. The Payment Service will bill the renewal subscription fee plus any applicable taxes to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information). If you properly cancel your subscription, cancellation will be effective at the end of the then-current Billing Period. This means that you will have continued access to your subscription for the remainder of that period, but you will not receive a refund. You will also forfeit any service or referral credits upon cancellation. PAYMENTS ARE NON-REFUNDABLE, AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED SUBSCRIPTION PERIODS.

   • 4.4 HOW TO CANCEL YOUR SUBSCRIPTION

     IF YOU PURCHASED FOX SERVICES THROUGH US, YOU CAN CANCEL YOUR SUBSCRIPTION BY SIGNING INTO YOUR FOX SERVICES ACCOUNT AND FOLLOWING THE INSTRUCTIONS PROVIDED. YOU ARE RESPONSIBLE FOR CANCELING YOUR SUBSCRIPTION IF YOU NO LONGER WISH TO RECEIVE THE FOX SERVICES.

     IF YOU PAY FOR THE FOX SERVICES THROUGH YOUR ACCOUNT WITH A THIRD PARTY (E.G., DIGITAL DISTRIBUTION PLATFORMS) AND WANT TO CANCEL YOUR SUBSCRIPTION OR MANAGE YOUR BILLING, YOU NEED TO DO SO THROUGH YOUR ACCOUNT WITH SUCH THIRD PARTY. COMPANY WILL UNDER NO CIRCUMSTANCES BE LIABLE TO YOU FOR THE RETURN OF ANY AMOUNTS YOU PAID TO A THIRD PARTY IN CONNECTION WITH YOUR SUBSCRIPTION TO THE FOX SERVICES.

   • 4.5 Unpaid Amounts. We expect you to honor the payment obligations to which you have agreed. Accordingly, we reserve the right to permit the Payment Service to retry billing your Payment Method after failed attempts (e.g., if your Payment Method is rejected). We also reserve the right to permit the Payment Service or another third party to pursue any amounts you fail to pay in connection with your subscription. You will remain liable for all such amounts and all costs incurred in connection with the collection of these amounts, including bank overdraft fees, collection agency fees, reasonable attorneys fees, and arbitration or court costs.

   • 4.6 Free Trials. On occasion, we may offer free trials to Fox Services for certain qualifying users. If we offer you a free trial, the specific terms, duration, and eligibility requirements of your free trial will be stated in the material describing the particular free trial or during your sign-up. Certain limitations may exist with respect to combining free trials with any other offers. Company reserves the right to determine eligibility for free trials in its sole and absolute discretion. Free trials are limited to new subscribers, unless otherwise specified. Your status as a new subscriber to Fox Services will be determined by Company or a Company subscription provider partner.

     Once your free trial period ends, the Payment Service will begin billing your Payment Method for your subscription fees (plus any applicable taxes), unless you properly cancel prior to the end of your free trial. For that reason, unless otherwise indicated in the free trial description, you will be asked to set up a valid Payment Method when redeeming a free trial offer.

     You will not receive a notice from Company that your free Fox Services trial has ended and that payment for your subscription is due. If you wish to avoid charges to your Payment Method, you must properly cancel your subscription prior to midnight Eastern Time on the last day of your free trial period. You may cancel your subscription at any time as described in the “HOW TO CANCEL YOUR SUBSCRIPTION” section of this Agreement. The Payment Service will continue to bill your Payment Method for your subscription on a recurring basis corresponding to the term of your subscription until you properly cancel or the account or applicable Service is otherwise suspended or discontinued pursuant to this Agreement. To the extent subscriptions are offered in conjunction with purchases of, or payment for, third party products or services, you agree that Company will not be liable to you for any claims arising out of or related to your purchase or use of such third-party products or services. If you cancel your subscription during a free trial or while using a promotional code or other credits, cancellation will become effective immediately.

   • 4.7 12 Months Launch Price Lock Offer: When you purchase Fox Services and the 12 months launch price lock is being offered, your monthly subscription price will not increase for 12 consecutive months from the date of your purchase (excludes sales tax). Pausing your subscription does not extend the price lock term. This Agreement will continue to apply to your subscription. Fox reserves the right without advance notice to withdraw the 12 months launch price lock for new subscribers of Fox Services.

5. Accounts and Registration

   You are responsible for all uses of your account, including use of your account by other members of your household. By allowing others to access your account or to create profiles within your account, you agree to be responsible for ensuring that they comply with this Agreement and you agree to be responsible for their activity using the Services. You acknowledge that any infringement of intellectual property occurring through your account may subject you to legal liability for which Company may take action against you, including suspension or termination of your account.

   You take full responsibility for your use of the Fox Services. All registration information you submit must be accurate and must be kept updated by you. Your failure to do so will constitute a breach of this Agreement, which may result in immediate termination of your account.

   You are responsible for maintaining the confidentiality of all your passwords and are responsible for all use of your account. It is critical that you do not share your account information with anyone. Please keep your password confidential. Notify us by email using the customer support form available from our Help Center if you suspect any unauthorized use of your account. Please also make sure to notify us if your registration information changes, in case we need to contact you.

   You may not (i) select or use as a username, a name of another person with the intent to impersonate that person; or (ii) use as a username a name subject to any rights of another person without appropriate authorization. Company reserves the right to refuse registration of, or cancel, a username, in its sole discretion. It is your responsibility to notify us of any changes in such information, including to your contact information. You may be held liable for losses incurred by Company, Company Affiliates or any other user of the Fox Services in the event someone else uses your account as a result of your failure to keep your account information secure and confidential, and you agree to reimburse Company and all Company Affiliates from all losses, damages and liability arising from any such action. You agree not to use the account, username, email address or password of another member or subscriber at any time and not to allow any other person to use your account. You agree to notify Company immediately if you suspect any unauthorized use of, or access to, your account or password. Company shall retain the right to change your username, but no obligation, for any reason, including if the username you have selected violates this Agreement. Company shall also retain the right, but no obligation, to review any profile pictures provided by you.

   We reserve the right to immediately terminate or restrict your Fox Services subscription or your use of the Services or access to Content at any time, for any or no reason, without prior notice, and we shall have no liability to you for any such termination. Furthermore, even after your account subscription and/or access to the Fox Services is terminated by you or Company, this Agreement will remain in full force and effect with respect to your past and future use of the Fox Services. One reason we may terminate your Fox Services subscription or your use of the Services or access to Content is if such use places an undue burden on our networks or servers. Alternatively, we may use technology to limit activities, such as the number of calls to the Company servers being made, and you agree to respect these limitations and not take any steps to circumvent, avoid, or bypass them.

   If we terminate your Fox Services subscription and/or access to the Fox Services (or any portion of the Fox Services), you may not create a new account, purchase a new subscription or try to access the Fox Services. You agree that your account and/or subscription is non-transferable. Any rights to your account and/or Fox Services terminate upon your death.

6. Support; User Communications

   Company may provide, from time to time and at its sole discretion, you the ability to obtain support through chat functionality and/or a telephone number. You are responsible for the reliability, accuracy, and truthfulness of any information or content you submit through these support channels (“User Information”), and Company has no control over the same. You agree that you will not provide any such User Information that is offensive, distasteful or otherwise unacceptable.

   Company may delete, move, edit or disclose User Information when it is required to do so by law or in a good faith effort to protect and defend the rights and property of Company or to protect the safety of users of the Fox Service or any Access Point or the public.

   You understand that User Information shall not be subject to any obligation of confidence on the part of Company, and Company shall not be liable for any use or disclosure of any User Information.

   You are entirely responsible and liable for all activities conducted by you and any user of your account, including the transmission or other provision of User Information. Listed below are some, though not all, violations that may result in Company terminating or suspending your access to Fox Services due to your submission of User Information. You agree not to do any of the following actions while submitting any User Information:

   1. Harass, threaten, embarrass or cause distress or discomfort upon any individual or entity;

   2. Transmit any User Information that Company considers to be disruptive, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, racially, ethnically or otherwise objectionable;

   3. Misrepresent yourself, your age or your affiliation with any person or entity, impersonate any person or entity, or make false or misleading statements;

   4. Transmit or otherwise provide any unsolicited advertising, promotional materials, or any other forms of solicitation;

   5. Intentionally or unintentionally violate any applicable local, state, national or international law, including any regulation having the force of law;

   6. Invade the privacy or violate any personal or proprietary right of any person or entity;

   7. Infringe any intellectual property right or other rights, including any copyright or trademark, of any person or entity;

   8. Use the Service or any Access Point in any manner that could damage, impair, disable, overburden or harm the Service or any Access Point or circumvent the functionality of the Service or any Access Point;

   9. Collect information identifying any other user of the Service by electronic or other means;

   10. Upload, transmit, send, share, store, distribute or otherwise make available on the Service any private or sensitive information or content about yourself or any third party, including any physical address, phone number, e-mail address, Social Security number or credit card number; and

   11. Upload, post, transmit, send, share, store, distribute, or otherwise make available any virus or any other computer code, file or program designed for or capable of interrupting, destroying or limit the functionality of any computer software, hardware or other electronic or telecommunications equipment.

   By submitting any User Information to Company, you automatically grant Company a perpetual, worldwide, royalty-free, irrevocable, non-exclusive, fully sublicensable, fully transferable right and license to reproduce, modify, adapt, publish, publicly perform, translate, sublicense, create derivative works from, exploit, distribute and otherwise use such User Information or incorporate such User Information in or in connection with the Service or by or in any other media or technology now known or later developed throughout the universe in perpetuity.

7. Collection and Use of Personal Information

   For information about Company’s policies and practices regarding the collection and use of your information, please read Company’s Privacy Policy. The Privacy Policy is incorporated by reference and made part of this Agreement. As such, by agreeing to this Agreement, you agree that your use of or presence on any Access Point and use of the Fox Services are governed by the Company’s Privacy Policy in effect at the time of your use.

   You acknowledge, consent and agree that Company may access, preserve or disclose information you provide to or through the Fox Services or any Access Point or that we have collected about you, including registration information and User Information to in good faith seek to: (i) protect, enforce, or defend the legal rights, privacy, safety, or property of Company, any Company Affiliate, or any of employees, agents or contractors of any of the foregoing (including to enforce this Agreement or any of our other agreements); (ii) protect the safety, privacy, or security of any other user of the Fox Services or any Access Point or any member of the public, including in urgent circumstances; (iii) protect against fraud or for risk management purposes; (iv) comply with Applicable Law or legal process; or (v) respond to any request from public or government authority. If Company sells all or part of its business or makes a sale or transfer of its assets or is otherwise involved in a merger or transfer of all or a material part of its business, Company may transfer your information to the party or parties involved in the transaction as part of that transaction.

8. Third Party Advertisements and Services

   Company takes no responsibility for and does not endorse any third-party advertisement or any third party material posted on any Access Point where the Services are available, nor do we take any responsibility for any of the products or services provided by any advertiser. All dealings you have with any advertiser while using the Services or any Access Point, including through engaging with an interactive advertisement, are between you and the advertiser, and you agree that Company is not liable for any loss or claim that you may have against an advertiser. If you provide any confidential or personal information or engage in any transaction through an advertisement, Company is not responsible for such information or transaction and we encourage you to read the terms of use and privacy policy of the advertiser or other party collecting such information or engaging in such transaction.

9. Trademarks

   Company, the Company logo, and other marks, graphics, logos, scripts, and sounds that may be used in the Content, as part of the Fox Services, or in connection with any Access Point, are trademarks of Company and/or its licensors. None of the trademarks of Company or any of its licensors may be copied, downloaded, or otherwise exploited.

10. Disclaimer of Warranties, Limitation of Liability, and Indemnity

    • 10.1 Disclaimer of Warranties

      THE FOX SERVICES ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND COMPANY DOES NOT GUARANTEE OR PROMISE ANY SPECIFIC RESULTS FROM USE OF OR CONTINUOUS AVAILABILITY OF THE FOX SERVICES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND WARRANTIES IMPLIED FOR A COURSE OF PERFORMANCE OR COURSE OF DEALING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COMPANY MAKES NO WARRANTY THAT YOUR USE OF THE FOX SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS TO THE FOX SERVICES WILL BE CORRECTED, THAT THE FOX SERVICES OR THE SERVERS ON WHICH THEY ARE AVAILABLE WILL BE FREE OF ANY VIRUS OR OTHER HARMFUL COMPONENT, OR THAT ANY INFORMATION OBTAINED BY YOU ON, THROUGH OR IN CONNECTION WITH THE FOX SERVICES OR THIRD-PARTY SERVICES (INCLUDING THROUGH ANY THIRD-PARTY ADVERTISEMENT) WILL BE ACCURATE, RELIABLE, TIMELY OR COMPLETE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NIETHER COMPANY NOR ANY COMPANY AFFILIATE WILL BE RESPONSIBLE FOR ANY LOSS OR DAMAGE (INCLUDING LOSS OF DATA, PROPERTY DAMAGE, PERSONAL INJURY OR DEATH) RESULTING FROM USE OF THE FOX SERVICES, ANY PROBLEM OR TECHNICAL MALFUNCTION IN CONNECTION WITH USE OF THE FOX SERVICES, ATTENDANCE AT ANY COMPANY EVENT, ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED IN CONNECTION WITH THE FOX SERVICES, ANY THIRD-PARTY ADVERTISEMENT OR THIRD-PARTY SERVICE TRANSMITTED ON, THROUGH OR IN CONNECTION WITH THE FOX SERVICES, OR THE CONDUCT OF ANY USER OF THE FOX SERVICES, WHETHER ONLINE OR OFFLINE. YOUR USE OF EACH THIRD-PARTY ADVERTISEMENT, THIRD-PARTY SERVICE AND GOOD OR SERVICE PROVIDED BY ANY THIRD PARTY IS SOLELY YOUR RESPONSIBILITY AND AT YOUR OWN RISK.

      YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE FOX SERVICES, AND ANY INFORMATION OR CONTENT TRANSMITTED OR RECEIVED IN CONNECTION THEREWITH, MAY NOT BE SECURE AND MAY BE INTERCEPTED BY ONE OR MORE UNAUTHORIZED PARTIES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ASSUME RESPONSIBILITY FOR THE ENTIRE COST OF ANY MAINTENANCE, REPAIR OR CORRECTION TO YOUR COMPUTER SYSTEM, NETWORK, COMPATIBLE DEVICE OR OTHER PROPERTY OR RECOVERY OR RECONSTRUCTION OF LOST DATA NECESSITATED BY YOUR USE OF THE FOX SERVICES.

    • 10.2 Limitation on Liability

      NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COMPANY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE FOX SERVICES DURING THE TWELVE (12) MONTH PERIOD PRECEDING SUCH ACTION. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COMPANY WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, COMPENSATORY, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE FOX SERVICES.

      YOU ACKNOWLEDGE AND AGREE THAT ANY DAMAGES YOU INCUR ARISING OUT OF ANY OF COMPANY’S ACTS OR OMISSIONS OR YOUR USE OF ANY ACCESS POINT OR THE FOX SERVICES ARE NOT IRREPARABLE AND ARE INSUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING THE AVAILABILITY OF OR ANY PERSON’S ABILITY TO ACCESS ANY PORTION OF THE ACCESS POINTS OR THE FOX SERVICES.

      THE LIMITATIONS IN THIS SECTION 10.2 APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. FOR CLARIFICATION, THIS AGREEMENT DOES NOT LIMIT COMPANY’S LIABILITY FOR FRAUD, FRAUDULENT MISREPRESENTATION, DEATH, OR PERSONAL INJURY TO THE EXTENT THAT APPLICABLE LAW WOULD PROHIBIT SUCH A LIMITATION.

    • 10.3 Indemnity

      YOU AGREE TO INDEMNIFY AND HOLD COMPANY, COMPANY AFFILIATES, SUBCONTRACTORS, ADVERTISERS AND OTHER PARTNERS, AND THE RESPECTIVE OFFICERS, AGENTS, PARTNERS AND EMPLOYEES OF ANY OF THE FOREGOING HARMLESS FROM ANY AND ALL LOSS, LIABILITY, CLAIM, OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, DUE TO OR ARISING OUT OF OR IN CONNECTION WITH YOUR BREACH OF ANY OF YOUR REPRESENTATIONS, WARRANTIES, COVENANTS OR AGREEMENTS HEREUNDER; YOUR VIOLATION OF THIS AGREEMENT OR ANY LAW; YOUR USE OF THE SERVICES IN VIOLATION OF THIS AGREEMENT; INFORMATION OR CONTENT POSTED OR TRANSMITTED THROUGH YOUR COMPATIBLE DEVICE OR ACCOUNT, EVEN IF NOT SUBMITTED BY YOU, THAT INFRINGES ANY COPYRIGHT, TRADEMARK, TRADE SECRET, TRADE DRESS, PATENT, PUBLICITY, PRIVACY OR OTHER RIGHT OF ANY PERSON OR ENTITY OR DEFAMES ANY PERSON OR ENTITY; OR ANY MISREPRESENTATION MADE BY YOU. YOU WILL COOPERATE AS FULLY AND AS REASONABLY REQUIRED IN COMPANY’s DEFENSE OF ANY CLAIM. COMPANY RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE TO INDEMNIFICATION BY YOU, AND YOU SHALL NOT IN ANY EVENT SETTLE ANY SUCH MATTER WITHOUT THE WRITTEN CONSENT OF COMPANY.

11. Removal of Material that Infringes Copyrights

    Company respects the intellectual property of others and requires that our users do the same. Company may terminate your subscription of Fox Services for infringing any intellectual property right of a third party. Company also reserves the right to remove or disable access to any transmission of Content that infringes the copyright of any person under the laws of the United States upon receipt of a notice that substantially complies with the requirements of 17 U.S.C. § 512(c)(3) as set forth below.

    If you believe that any Content or any other materials residing on or linked to from Fox Services or any Access Point infringes your copyright, you must send a written notification of claimed infringement that contains substantially all of the following information to the Company Copyright Agent: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit Company to locate the material on the Fox Services or any Access Point (such as the URL(s) of the claimed infringing material); (c) information reasonably sufficient to permit Company to contact you, such as an address, telephone number, and an email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or Applicable Law; (e) a statement by you that the above information in your notification is accurate and a statement by you, made under penalty of perjury, that you are the owner of an exclusive right that is allegedly infringed or are authorized to act on the owner's behalf; and (f) your physical or electronic signature. Company's Copyright Agent for notification of a claimed infringement can be reached as follows:

    Fox Digital Services, LLC
    Copyright Agent
    10201 W. Pico Boulevard
    Los Angeles, CA 90064
    E-Mail: FoxDMCA@fox.com

    Please note that, under 17 U.S.C. §512(f), any person who knowingly makes material misrepresentations in a notification of claimed infringement or any counter-notification may be liable for damages.

12. Third-Party Links and Services

    The Fox Services or any Access Point may provide, or third-parties may provide, links to other websites, apps, resources or other services created by third parties (collectively, “Third-Party Services”). When you engage with a Third-Party Service, you are interacting with the third-party, not with Company. If you choose to use a Third-Party Service and share information with it, the Third-Party Services may use and share your information in accordance with the Third-Party Service’s privacy policy and your privacy settings on such Third-Party Service. Live content on the Fox Services may be subject to blackouts, device-specific limitations, or other restrictions. Blackouts may be applied based upon the city or region in which you are trying to access the Fox Services and you acknowledge and agree that we may use different technologies and methods to verify your location at the time of access to the live content. In addition, the third party providing the Third-Party Service may use other parties to provide portions of the Third-Party Service to you, such as technology, development or payment services. Company is not responsible for and makes no warranties, express or implied, as to the Third-Party Services or the providers of such Third-Party Services (including as to the accuracy or completeness of the information provided by such Third-Party Service or the privacy practices thereof). Inclusion of any Third-Party Service or a link thereto on the Fox Services does not imply approval or endorsement of the Third-Party Service. Company is not responsible for the content or practices of any website other than the Access Points, even if the Third-Party Services link to the Services or an Access Point and even if the website is operated by a Company Affiliate or a company otherwise associated with Company. By accessing or using the Fox Services or any Access Point, you acknowledge and agree that Company is not responsible or liable to you for any content or other materials hosted and served from any website, mobile site or app other than Fox Services and Access Points. When you access Third-Party Services, you do so at your own risk. Company encourages you not to provide any personally identifiable information to or through any Third-Party Service unless you know and are comfortable with the party with whom you are interacting. Without limiting the foregoing or anything else in this Agreement, you acknowledge that your use of any chat functionality associated with the Fox Services is a Third-Party Service and subject to the terms and conditions available therein.

13. App Store Terms

    You acknowledge that this Agreement is solely between you and Company and not with Google LLC (“Google”) or Apple Inc. (“Apple”). Google and Apple are not parties hereto, and each of Google and Apple may have its own terms and conditions to which you must agree before downloading any application provided by us to access the Fox Services (each, an “App”) from or using any product, service, platform, content, or software provided by Google or Apple, including the Google Play Store or the Apple App Store (each, an “App Store”). You agree to comply with, and you acknowledge and agree your license to use any App is conditioned upon your compliance with, all App Store terms and conditions, including all applicable terms of use and privacy policies of Google and Apple. Such terms of use and privacy policies should not be read to limit any other provision of this Agreement and should not be interpreted to affect the meaning of any other provision of this Agreement.

    If you are using an App on a Compatible Device that runs on iOS, you further acknowledge and agree that: (i) Company, and not Apple, is solely responsible for each App and its content; (ii) Apple has no responsibility whatsoever to furnish any maintenance and support services with respect to any App; (iii) Company, and not Apple, is responsible for addressing any and all claims that you have arising out of your possession and/or use of or otherwise relating to any App, including (A) product liability claims, (B) any claim that an App fails to conform to any applicable legal or regulatory requirement, (C) any claim arising under consumer protection, privacy or similar legislation, and (D) any claim that an App, or your possession or use of an App, infringes any intellectual property or proprietary right or any third party (each of the claims described in (A) through (D), an “App Claim”) and that all App Claims are governed solely by this Agreement; (iv) Company reserves the right to investigate, defend, settle, and discharge of (and Apple will have no responsibility whatsoever for the investigation, defense, settlement, or discharge of) any App Claim; and (v) Apple and its subsidiaries are third party beneficiaries of this Agreement and, upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary.

    If you downloaded an App from Google Play or a successor mobile application marketplace, you agree that Google will have no responsibility to undertake or handle support and maintenance of such App or any complaints about such App.

14. Informal Dispute Resolution Procedure, Arbitration Agreement and Class Action Waiver

    So that Fox can maintain the ability to offer you and other users the Fox Service, you and we agree to the following mechanisms for resolving any Dispute between us:

    • Dispute. The term “Dispute” is to be given the broadest possible meaning that will be enforced, and shall include any dispute, claim, demand, count, cause of action, or controversy between you and Fox, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, or any other intentional tort), or any other legal or equitable theory. The term “Dispute” specifically includes, but is not limited to, any disputes, actions, claims, or controversies between you and Fox that arise from or in any way relate to or concern any Content, the Site or services provided by Fox including but not limited to the Fox Services (as defined above), this Section 14, any other aspect of this Agreement or any prior versions of this Agreement (including their applicability and their conformance to applicable law), and any disputes relating to telephonic, text message, or any other communications either of us received from the other. The only exceptions to this Section 14 are that: (i) each of you and Fox retains the right to sue in small claims court; (ii) each of you and Fox may bring suit in court against the other to enjoin infringement or other misuse of intellectual property rights; and (iii) each of you and Fox may bring suit in court to determine the enforceability of Sub-Section 14.b. and/or Sub-Section 14.k.

    • Mandatory Informal Dispute Resolution Process. You and Fox agree that good-faith, informal efforts to resolve disputes often can result in a prompt, cost-effective, and mutually beneficial outcome. Therefore, if either you or Fox wants to bring or resolve a Dispute, you or Fox must follow the mandatory informal dispute resolution process as a precondition to the ability to file an arbitration demand or lawsuit:

      • Notice. You or Fox must first send to the other a written Notice of Dispute (“Notice”) that sets forth the name, address, and contact information of the party giving notice, the specific facts giving rise to the Dispute, the Fox Service to which the Notice relates, and the relief requested, including damages, if any, and a detailed calculation for them. Your Notice also must contain your email address and (if different) the email address associated with your Fox account (if you have an account with Fox). Our Notice must also be sent to your email address associated with your Fox account (if you have an account with Fox), and you consent to receive any such Notice as part of these dispute resolution terms. You and we must include in any Notice to each other a personally signed statement (from you or us—not from your or our counsel) verifying the accuracy of the contents of the Notice, and if you are represented by counsel, your signed statement authorizing Fox to disclose your Fox account details to your attorney while seeking to resolve your claim. We each must individualize our Notice, meaning it can concern only our Dispute and no other person’s Dispute. You must send your Notice to Fox by email to Arbitration-Notice@fox.com or by mail to: Arbitration Notice of Dispute, Fox Corporation, 10201 W. Pico Blvd., Los Angeles, CA 90064. In the case of a Dispute initiated by you or us, it is the sender’s responsibility to prove that the sender provided the notice in the manner that is required in this paragraph.
      • Good Faith Effort to Informally Resolve Dispute. After receipt of a completed Notice, the parties shall engage in a good faith effort to resolve the Dispute for a period of 60 days (which can be extended by agreement). You and Fox agree that, after receipt of the completed Notice, the recipient may request an individualized telephone or video settlement conference and both parties will personally attend (with counsel, if represented). You and Fox agree that the parties (and counsel, if represented) shall work cooperatively to schedule the conference at the earliest mutually convenient time and to seek to reach a resolution. If you and Fox do not reach an agreement to resolve the issues identified in the Notice within 60 days after the completed Notice is received (or a longer time if agreed to by the parties), you or Fox may commence a proceeding as noted below.

    • Arbitration Agreement. If you and we do not resolve the Dispute within 60 days of the submission of the Notice in accordance with the Informal Dispute Resolution Procedures, Fox, including its Affiliates, agents, employees, predecessors in interest, successors, and assigns, and you agree that any Dispute between you and Fox, regarding any aspect of your relationship with Fox, will be resolved in a binding, confidential, individual and fair arbitration process, and not in court, subject to the exceptions noted in Sub-Section 14.g. below. Thus, subject to those exceptions, you and Fox agree to give up the right to sue in court, including that you and Fox agree to waive their right to a jury trial.

    • Controlling Law Regarding Arbitration Process and Agreement to Arbitrate. This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1–16, governs the interpretation and enforcement of the provisions in Section 14 related to the arbitration process. The agreements in Section 14 shall survive termination of the Agreement. Any original action to compel arbitration under Section 4 of the FAA (or analogous state law) must be brought in a state or federal court located in New York City, unless mandated by law to be filed in another state or federal court. If the FAA is found to not apply to any issue regarding the interpretation or enforcement of the parties’ agreement to arbitrate, then that issue shall be determined by the laws of the State of New York. Any arbitration between you and Fox will be administered by the American Arbitration Association (“AAA”) pursuant to their then-applicable rules, including their mass arbitration supplementary rules and mass arbitration fee schedule, as applicable, as modified by Section 14. AAA’s rules and fee schedules can be found at www.adr.org. Except in the event of a Mass Arbitration as described in Sub-Section 14.k. below, the arbitration shall be conducted by a single, neutral arbitrator. If you and Fox cannot agree on an arbitrator, the arbitrator will be appointed pursuant to the AAA’s rules.
    • Alternative Arbitration Provider. If AAA is not available to arbitrate, including because it is not able to administer the arbitration(s) consistent with the rules, procedures, and terms of Section 14, including those described in Sub-Section 14.k., the parties will select an alternative arbitration provider. If the parties cannot agree on an appropriate alternative arbitration provider, then the parties will ask a court of competent jurisdiction to appoint an arbitrator pursuant to 9 U.S.C. § 5 that is able to administer the arbitration(s) consistent with the rules, procedures, and terms of this Section 14, including, as applicable, Sub-Section 14.k. Section 14 will govern to the extent it conflicts with the arbitration provider’s rules. For arbitrations before the AAA, the AAA’s Consumer Arbitration Rules and Optional Rules For Emergency Measures of Protection shall apply.
    • Filing Fee and Costs. The initiating party must pay all filing fees for the arbitration. Your and Fox’s responsibility to pay other administrative and arbitrator costs will be as set forth in the applicable arbitration provider’s rules, unless the arbitrator determines the claims are frivolous. If a claim is determined to be frivolous, the claimant is responsible for reimbursing the respondent for its portion of all such administrative, hearing, and/or other fees incurred as a result of the frivolous claim.
    • Waiver of Fees and Costs. You may qualify for a waiver of certain arbitration costs under the applicable arbitration provider’s rules or other applicable law. If you meet the standard for proceeding in forma pauperis in federal court, the state court of your residence, or the state court where the arbitration is brought, cannot obtain a waiver from the arbitration provider of any filing fees you are required to pay, and the arbitration provider refuses to administer the arbitration without your payment of said fees, Fox will pay the filing fees for you.
    • Enforceability of Certain Provisions of Section 14. Notwithstanding Sub-Section 14.c. through Sub-Section 14.g., a claim regarding enforceability of any portion of Sub-Section 14.b. and/or Sub-Section 14.k. must be brought in federal or state court. Courts shall have the exclusive authority to determine: (i) the enforceability of any or all of the procedures set forth in Sub-Section 14.b. and/or Sub-Section 14.k.; and (ii) if any or all the procedures set forth in Sub-Section 14.b. and/or Sub-Section 14.k. are unenforceable, whether that or those procedures are severable from the remaining provisions of Section 14 and the consequences of said severance. If the court determines that Sub-Section 14.b. is enforceable, it will also decide whether the party seeking to arbitrate the Dispute complied with the process in Sub-Section 14.b.

    • You and Fox also agree to give up the ability to seek to represent, in a class action or otherwise, anyone but each of you and Fox, including in arbitration and in state or federal court. Therefore:

    YOU AND FOX MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE OR MULTI-CLAIMANT PROCEEDING, AND THE ARBITRATOR SHALL HAVE NO POWER TO AWARD CLASS-WIDE RELIEF.

    • You understand there is no judge or jury in arbitration, and court review of an arbitration award is limited. An arbitrator must follow the dispute resolution process described in Section 14. Subject to Sub-Section 14.h, the arbitrator has exclusive authority to resolve all issues relating to the parties’ Dispute. The arbitrator will have the authority to grant motions dispositive of all or part of any claim. The arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief, or statutory damages); provided that they are recoverable under this Agreement. The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The award of the arbitrator is final and binding upon you and us.

    • Related Cases and Mass Arbitrations. If your Notice involves claims similar to those of at least 25 other customers, and if you and those other customers are represented by the same lawyers, or by lawyers who are coordinating with each other, or if Fox asserts 25 or more similar demands for arbitration or counterclaims against similarly-situated parties, within a period of 60 days or otherwise close in proximity, you and we agree that these claims will be related (“Related Cases”), and this shall be called a “Mass Arbitration.” The following procedures will apply to a Mass Arbitration:

      • Acknowledgment of Related Cases procedure. If you or Fox, or your or our counsel, files a demand for arbitration that has Related Cases, then you and we agree that the demand for arbitration shall be subject to the additional protocols set forth in this Sub-Section 14.k. If the parties disagree as to whether a series of filings fits within the definition of Mass Arbitration above, the arbitration provider shall resolve the disagreement. You and we also acknowledge that the adjudication of the dispute may be delayed and that any applicable statute of limitations shall be tolled from the time of filing of the demand for arbitration, and pending resolution of the proceedings described in this Sub-Section 14.k.
      • Bellwether Arbitrations. Bellwether proceedings are encouraged by courts and arbitration administrators where there are multiple disputes involving similar claims against the same or related parties. The parties shall select ten individual arbitration claims (five per side), designated the “Initial Test Cases,” to proceed to arbitration. Only the Initial Test Cases shall be filed with the arbitrator. All other claims shall be held in abeyance. This means that the filing fees will be paid only for the Initial Test Cases; for all other demands for arbitration, the filing fees (together with any arbitrator consideration of the other demands) will be in abeyance, and neither You nor Fox will be required to pay any such filing fees. You and Fox also agree that neither you nor we shall be deemed to be in breach of Section 14 for failure to pay any such filing fees, and that neither you nor we shall be entitled to any contractual, statutory, or other remedies, damages, or sanctions of any kind for failure to pay any such filing fees. If, pursuant to this subsection, a party files non-Bellwether Arbitrations with the arbitration provider, the parties agree that the arbitration provider shall hold those demands in abeyance and not refer them to the arbitrator pending resolution of the Initial Test Cases. Unless the claims are resolved in advance or the schedule is extended, the arbitrators will render a final award for the Initial Test Cases within 120 days of the initial pre-hearing conference.
      • Global Mediation. Following the resolution of the Initial Test Cases, the parties agree to engage in a global mediation of all the remaining individual arbitration claims (“Global Mediation”), deferring any filing costs associated with the non-Initial Test Cases until the Initial Test Cases and subsequent Global Mediation have concluded. After the final awards are provided to the mediator in the Initial Test Cases, the mediator and the parties shall have 90 days to agree upon a substantive methodology and make an offer to resolve the outstanding cases. If the Parties are unable to resolve the outstanding claims during the Global Mediation, the unresolved Disputes may then be administered by the arbitration provider pursuant to this Agreement’s Batch Arbitration provision below and the arbitrator’s fee schedule for mass filings, unless the parties mutually agree otherwise in writing. You and we also acknowledge that any applicable statute of limitations shall be tolled pending resolution of the Bellwether Arbitration and Global Mediation process.
      • Batch Arbitration. To increase the efficiency of administration and resolution of arbitrations, you and Fox agree that in the event the Bellwether Arbitration and Global Mediation processes described above do not resolve the Disputes, the arbitration provider will (1) administer the remaining arbitration demands in batches of 50 demands per batch; (2) appoint one arbitrator for each batch; and (3) provide for the resolution of each batch as a single consolidated arbitration with one set of filing and administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award (“Batch Arbitration”). The final award will provide for individual merit decisions for each separate claimant within the single batch arbitration award. If the arbitration provider will not administer the Batch Arbitration with one set of filing and administrative fees due per side per batch, then the arbitration provider’s mass arbitration fee schedule shall apply. AAA’s mass arbitration fee schedule is available on its website at www.adr.org/rules. For mass arbitrations before any other arbitration provider, if applicable, you and Fox agree that its mass arbitration fee schedule shall apply, as necessary.
      • Opting Out. If your claim is not resolved as part of the Bellwether Arbitration and Global Mediation process outlined above, the parties shall also have the opportunity to opt out of arbitration and bring the pending Dispute to the state or federal courts located in New York City, unless mandated by law to be filed in another state or federal court. The parties have 30 days of the failed Global Mediation process to opt out. This shall not provide an opportunity for either party to opt out of arbitration for other claims. You may opt out of arbitration by providing written notice of your intention to opt out to the arbitration provider and to Fox Corporation, Attention Arbitration Opt-Out, 2121 Avenue of the Stars, Suite 1200, Los Angeles, California, 90067 via USPS Priority Mail or hand delivery, by email to Arbitration-OptOut@fox.com, or by notice to the attorney representing Fox in the arbitration proceeding. This written notice must be signed by you, even if it is also signed by your attorney. The written notice cannot be signed by an agent or other representative of yours in lieu of your signature. It must include a statement that you wish to opt out of arbitration within 30 days after the conclusion of the Global Mediation process. Fox may exercise its equivalent opt-out right by sending written notice to you or your attorney, agent, or representative if you are represented.
      • Enforcement of Subsection. A Court of competent jurisdiction shall have the power to enforce Section 14.k., including by injunctive, declaratory, or other relief
    • Live Testimony. You must appear to testify at any arbitration hearing personally, virtually, or in another manner authorized by law or the arbitration provider. You agree that if you fail to appear in one of these forms to testify, you consent to have the arbitrator order that the case be closed immediately.
    • Discovery and Information Exchange. Regardless of how the arbitration proceeds, each of you and Fox shall cooperate in good faith in the exchange of non-privileged documents and information as necessary in accordance with the arbitration provider’s rules.
    • Attorney’s Fees and Fee Shifting. Each of you and Fox may incur attorneys’ fees during the arbitration. Each side agrees to pay his, her or its own attorneys’ fees unless the claim(s) at issue permit(s) the prevailing party to be paid its attorneys’ fees, and in such instance, the fees awarded shall be determined by the applicable law(s).
    • Restrictions on Forms of Relief. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief, only to the extent necessary to provide relief warranted by that party’s individual claim, only as permitted by applicable law, and only to the extent that declaratory and injunctive relief are permitted by this Agreement. The arbitrator shall have no authority to award punitive, exemplary, multiplied or consequential damages or any other relief except those allowed under the law and this Agreement, including Section 10’s Limitation of Liability provisions. The arbitrator also may not order you or Fox to pay any monies to or take any actions with respect to persons other than you or Fox, respectively, unless you or Fox explicitly consents in advance, after an arbitrator is selected, to permit the arbitrator to enter such an order, as applicable. Further, unless you and Fox expressly agree, or subject to the provisions of Sub-Section 14.k. above, the arbitrator may not consolidate other persons’ claims with yours or ours, and may not otherwise preside over any form of a representative, multi-claimant or class proceeding.
    • Confidentiality. You and Fox agree to maintain the confidential nature of the arbitration proceeding and shall not disclose the fact of the arbitration, any documents exchanged as part of any mediation, proceedings of the arbitration, the arbitrator’s decision and the existence or amount of any award, except as may be necessary to prepare for or conduct the arbitration (in which case anyone becoming privy to confidential information must undertake to preserve its confidentiality), or except as may be necessary in connection with a court application for a provisional remedy, a judicial challenge to an award or its enforcement, an order confirming the award, or unless otherwise required by law or court order. In keeping with the confidential nature of the arbitration, you and Fox agree that an order confirming the award is only necessary if the obligations of the award have not been performed. Therefore, before taking any steps to confirm the arbitration award, the party seeking confirmation of the award must give the other party notice of its intention to confirm the award. If the party who would be the respondent in any such confirmation proceeding performs its obligation under the terms of the arbitration award within 15 business days of such notice, the party who gave notice of its intent to confirm the award shall not seek to confirm or otherwise enforce the award.
    • Severability of Portions of Section 14. With the exception of Sub-Section 14.i. and Sub-Section 14.k. (i.e., the waiver of the ability to proceed on behalf of multiple claimants or a purported class and the Mass Arbitration procedure), if any part of Section 14 is deemed invalid, unenforceable, or illegal, then the balance of Section 14 shall remain in effect and be construed in accordance with its terms as if the invalid, unenforceable, or illegal provision were not contained. If, however, either or both Sub-Section 14.i. or/and Sub-Section 14.k. is found invalid, unenforceable or illegal, then the remainder of Section 14 and this paragraph shall be null and void, but the rest of this Agreement, including the provisions governing in which court actions against Fox must be pursued and the choice of governing law will remain in effect and apply to any claim that, for this or any other reason, proceeds in court rather than in arbitration.
    • Court Proceedings. If a court issues a decision precluding or refusing to compel arbitration of any Dispute, the Dispute must be brought in the state or federal courts located in New York City, unless otherwise mandated by law to be filed in another state or federal court. For Disputes deemed not to be subject to arbitration, neither you nor Fox shall be precluded from participating in a class-wide settlement of those claims if brought by another Fox user or third party.

15. Limitation on Time to Bring a Claim

    YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE FOX SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER SUCH CAUSE OF ACTION ACCRUES. AFTER SUCH PERIOD, THE CONDUCT COMPLAINED OF SHALL BECOME INCONTESTABLE AND SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

16. Governing Law and Choice of Forum

    This Agreement will be governed by, and construed in accordance with, the laws of the State of California, without regard to its conflict of law provisions.

    Except with respect to Disputes to be resolved through the process in accordance with Section 14 contained above, you and Company agree to submit to the exclusive jurisdiction of the federal or state courts located in Los Angeles, California, unless otherwise mandated by law, to resolve any Dispute arising out of this Agreement, the Fox Services or any Access Point. YOU HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD-PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT.

17. General Provisions

    • 17.1 United States Jurisdiction. Company provides the Fox Services and Access Points in and from the United States, and you are prohibited from accessing or using the Fox Services from outside the United States. Company does not represent that the Content, other Fox Services, or any Access Point is appropriate (or, in some cases, available) for use in other locations.

    • 17.2 Export Controls. Software available in connection with the Fox Services or any Access Point (the “Software”) is further subject to United States export controls. No Software may be downloaded from the Fox Services or any Access Point or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.

    • 17.3 No Waiver/Reliance. You may not rely upon Company’s precise response with respect to one party or one situation as any indication of what Company might do with respect to another party or another situation, even if the parties or situations appear to you to be similar.

      Similarly, the failure of Company to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right or provision. If we fail to act in response to a violation of this Agreement, you should not assume that we do not object to the violation or even that we are aware of it. In addition, you may not construe a waiver of any provision of this Agreement with respect to any party as a waiver of that provision (or any other provision) with respect to either that party or any other party. Further, Company’s decision to delay exercising or enforcing any right or remedy under this Agreement shall not constitute a waiver of such right or remedy. Even if Company acts in a way that appears to you to be inconsistent with this Agreement, Company’s action shall not be deemed a waiver or constructive amendment of this Agreement.

18. Other

    The Section titles in this Agreement are for convenience only and have no legal or contractual effect. For purposes of this Agreement, the word “including” means “including without limitation”. This Agreement operates to the fullest extent permissible by Applicable Law. Except as otherwise expressly provided herein, if any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

    You agree that any notices Company may be required by Applicable Law to send to you will be effective upon Company’s sending an e-mail message to the e-mail address you have on file with Company or publishing such notices on the informational page(s) of Fox Services or an Access Point. Additionally, from time to time, we may communicate with you about the Services and this Agreement electronically (e.g., emails to your registered email address, notices on the Fox website or any other Access Points). You consent to receive electronic communications (including through phone calls, via SMS message (text messaging), push notifications, or emails) from Company and further agree that all notices, agreements, disclosures, and other communications that we send to you electronically will satisfy any applicable legal notification requirements. All electronic communications will be considered to be received by you within 24 hours of the time we send such communications. Standard mobile, message, or data rates may apply, and you are responsible for all incurred fees. We recommend that you keep a copy of any electronic communications we send to you for your records.

    You agree that no joint venture, partnership, employment, or agency relationship exists between you and Company as a result of this Agreement or your subscription to the Fox Services. A printed version of this Agreement and of any notice related to it shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent as other business documents and records originally generated and maintained in printed form.

    Nothing contained in this Agreement limits Company’s right to comply with governmental, court and law enforcement requests or requirements relating to your access to or use of the Fox Services, any Access Point or information provided to or gathered by us in connection with such use.

    This Agreement, along with the Privacy Policy and all other policies or agreements expressly incorporated into this Agreement by reference, constitute the entire agreement between you and Company with respect to the subject matter hereof and supersede all prior or contemporaneous written or oral agreements between the us with respect to the subject matter hereof. This Agreement may not be amended, nor any obligation waived, without Company’s written authorization.

    I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.