These terms and conditions (collectively, “Terms”) apply to your access to and use of the Sports Illustrated website at https://www.si.com/ (together with its content and any related mobile software applications, the “Website”), your print and/or digital subscriptions to Sports Illustrated content and publications (“Subscriptions”), and any other products or services that link to these Terms collectively, the “Service” or “Services”). The Services are offered hereunder by Sports Publishing Solutions Inc. and its affiliates (“we”, “us”, “our” or ”Minute Media”).
PLEASE READ: THESE TERMS CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. READ THESE TERMS CAREFULLY, INCLUDING ABOUT YOUR RIGHT, IF APPLICABLE, TO OPT OUT OF ARBITRATION. EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, OR WHERE PROHIBITED BY LAW, BY ENTERING INTO THESE TERMS YOU EXPRESSLY AGREE THAT DISPUTES BETWEEN YOU AND MINUTE MEDIA WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU HEREBY WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
General
Our offer of the Service, including all information, tools and services available from the Service to you is conditioned upon your acceptance of all the terms, conditions, policies and notices stated herein. Your use of the Service or any part thereof constitutes your agreement and is subject to these Terms and all applicable laws, rules and regulations. If you do not agree to these Terms you may not and should not use the Service or any part thereof. Certain of our Services may also be subject to additional specific terms, which will be linked to or otherwise incorporated into the applicable Services. Your use of those Services will be subject to those terms, and unless otherwise specified by us, these Terms as well. If there are any conflicts between the applicable Services’ specific terms and these Terms, the specific Services’ terms will prevail, but only to the extent of the conflict.
We reserve the right to amend, add or delete portions of these Terms at any time and at our sole discretion. While we may or may not post notices on the Service informing you of changes in these Terms, you are solely responsible for reviewing these Terms periodically to ensure you are aware of any changes. The last revision of these Terms shall be reflected in the “Last modified” heading above. Your continuing use of the Service following any change or amendment to these Terms constitutes your acceptance of such change or update. If you do not agree or wish to be bound by these Terms as currently drafted and as may be amended from time to time, you should not use the Service or cease your use of the Service immediately. The Service may contain certain historical information, which is not current and is provided for your reference only.
We understand that you want to keep your information private and that you value our emphasis on keeping your information safe and discrete. As a result, we have drafted a privacy policy (the “Privacy Policy”) which details the ways in which we collect, use and disclose personal information from users of the Service.
You may not register or use the Service if you are under 18 years of age, the age of majority in the jurisdiction you are located in, or if you are legally unable to enter into a legally binding agreement without the consent of your parents or legal guardian. Please note, all betting content on the Website is intended for individuals 21 or older or the applicable legal gambling age in the jurisdiction you are located in. This Website encourages responsible gambling. If you or someone you know has a gambling problem, call 1-800-GAMBLER. The following uses of the Service or any part thereof are prohibited: Commercial use, unless specifically and explicitly allowed by us in a prior written consent; Damaging or infringing the rights of third parties in any way, including, without limitation, infringing on any third party’s intellectual property or privacy rights; Illegal use, including without limitation fraud, pornography trafficking, drug dealing, sports betting and gambling; Distributing SPAM; Using users contact information for marketing purposes; Bullying, intimidating, stalking or harassing any person; Duplicating, downloading, copying, reproducing, framing, mirroring, modifying, transmitting, performing, broadcasting, rebroadcasting, publishing, selling, creating derivatives of, translating, distributing or redistributing the Service, the Service-related intellectual property, third parties User Content (defined below) or any part thereof or their products, unless specifically and explicitly allowed by us in a prior written consent; Altering, modifying, decompiling, disassembling, reverse engineering or otherwise attempting to discover or to learn information regarding the Service’s (including its content’s) source code and structure; Any automatic use which is intended or designed to gather information about or from the Service, including without limitation Bots, Crawlers, Spiders, Robots, Sifters and Load Testers; Uploading of any sort of malware, spyware or other malicious code; Circumventing or bypassing any measure designed to limit access to the Service or any part thereof; Damaging, disabling, impairing or flooding the Service; Competing with the Service.
If you choose to sign-up for one of our automatically renewing Subscriptions, you agree that the Subscription will automatically renew at the selected frequency until you cancel the Subscription. You authorize us to charge your credit card or other method of payment at the time of purchase for the price stated on the sign-up page plus taxes, and approximately each renewal period thereafter before the start of each new term. We may from time to time choose to increase the price of your Subscription. If the price of your Subscription ever increases, we will provide you with advance notice and the opportunity to cancel. If a publication becomes unavailable, it may be replaced by another publication with the same renewal features.The annual Sports Illustrated print Subscription includes 12 issues.
The annual Sports Illustrated Kids print Subscription includes 6 issues. The frequency with which these issues are published is subject to change. The first print issue following your registration for a print Subscription mails in 4-8 weeks.
If you would like to cancel your Subscription, you can call us at 1-800-528-5000, email us at magazine@si.com, or visit si.com/myaccount. To cancel online, log in with your account number and zip-code, navigate to the “My Account” page, and click “Cancel My Subscription.” If you signed up for a print Subscription on or after July 17, 2024, you may cancel that Subscription at any time and may receive a full refund for all unmailed issues under that Subscription. To receive your refund, contact customer service; either by email or at the phone number provided above. Subscription fees for mailed issues and digital content are not refundable. Once you cancel, you will continue to have access to any digital content provided as part of your Subscription until the end of the current Subscription term. If you wish to cancel your print Subscription, but wish retain the digital copies of any issues you received as part of your Subscription, please contact customer service. If you signed up for an automatically renewing Subscription, you must cancel before you receive the final issue of your current Subscription term to avoid being charged for the next Subscription term. Please visit your account page at si.com/myaccount to find out how many issues are left in your current Subscription term.
You are responsible for protecting the confidentiality of the password associated with your use of the Service, including (if applicable) also of your Facebook account, and for restricting access to your computer while logged into the Service. You agree that you will be responsible for any and all statements, acts or omissions made during any use of the Service through your account. If you have any reason to believe or become aware of any loss, theft or unauthorized use of your password, notify us immediately at contactus@minutemedia.com. We may assume that any communications we receive via your account or the email associated with your account have been made by you unless we receive notice otherwise, and we may also require you to provide proof of identification. Our employees will never ask you for your password, neither personally nor by email. Where necessary, you promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your user ID a name that you don’t have the right to use or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.
You understand, acknowledge, and agree that we may terminate your access to the Service at our sole discretion, at any time, with or without reason or notice to you and without any liability on our part for such termination. Regardless of the aforementioned, we reserve the right to terminate your access to the Service if we reasonably determine that you have infringed these Terms, and where relevant you will remain liable for all amounts due up to and including the date of termination. We reserve the right to remove or make any changes to the Service, its features, contents, materials, accessibility or any part thereof we see fit at or sole discretion and without liability on our part for such removal or change. We have no obligation to store, distribute, update, correct or use any information uploaded to the Service. Please also note that account termination may result in the destruction of any content associated with your account, so keep that in mind before you decide to terminate your account.
The Service may allow you to upload content to the Service directly in various forms, including without limitation statuses, links, images, comments, posts, articles and conversations (collectively referred to herein as “User Content”). You affirm, represent, and warrant that you own all required rights, licenses, titles and interests in the User Content necessary to upload it to the Service, to grant us the rights as stated herein, and that the User Content is accurate where it might be reasonably relied upon. You shall be held liable to any damages or losses incurred by us as a result of intellectual property infringement through the User Content, including payment of damages and statutory damages resulting from contributory or direct (meaning, even in the event that the content was edited and re-published by us) infringement. We reserve the right to remove any and all of the User Content if we reasonably determine that it is infringing upon any third party’s rights, including, without limitation, intellectual property rights. We reserve the right to edit your content in any way we see fit and without any notice to you. We reserve the right to terminate your access to the Service, if we reasonably determine that you are an infringer. You acknowledge that you expect and shall receive no compensation, payment or interests as a result of uploading the User Content, other than agreed between us explicitly and in writing beforehand. You agree to allow any and all other users of the Service to access the User Content and to “follow” your profile freely and without compensation to you of any sort on their behalf. You hereby grant us a worldwide, unlimited, non-revocable, royalty-free, sub-licensable and transferable license to use the User Content, including, without limitation, the corresponding copyrighted works, trademarks, trade secrets, ideas, inventions, utility models, designs, patents, software and other intellectual property, in any way we see fit at our sole discretion, including without limitation reproduction, distribution, making of derivatives, modification, adaptation, publication, translation and display. In addition, you hereby explicitly waive any moral and attribution rights that you may have in and to the User Content and forever waive and agree not to claim or assert any entitlement to any and all moral or attribution rights in any of the User Content. For the avoidance of doubt, we may include your User Content in our outgoing feed to third parties (e.g. RSS feed), which may publish said feed (including your User Content) outside of the Service. In addition to abiding by these Terms, it is clarified that your User Content must also abide by Twitter, Instagram, YouTube, and Facebook terms. You may not upload User Content which: May encourage acts of violence; Infringes third parties’ intellectual property; Contains or constitutes SPAM or chain mail; Infringes third parties’ right to privacy or publicity rights; Contains confidential or proprietary information; Is defamatory, fraudulent, libelous, abusive, obscene, unlawful, threatening, hateful, harassing, racial, sexist or otherwise inappropriate by reasonable standards; Advertise or solicit third parties’ business or contains commercial content of any sort; Impersonate another person without proper notice; Contain any form of malware; Interfere with the Service in any way. We do not guarantee and we have no obligation to post, transmit, distribute, upload, publish or display any User Content and may refuse to do so at our sole discretion. Contributors who have specific agreements with us, may be subject to additional terms, rules and codes of conducts, which shall prevail over these Terms only in case of inconsistency.
If you identify a video produced by us that does not already contain closed captioning, you can contact us at contactus@minutemedia.com to request closed captioning of the specific Minute Media-produced video. We will make best efforts to provide a closed-captioned version of the video within no more than 5 business days.
Should you have any questions or require any additional information about the accessibility of Minute Media’s website’s videos (and/or any other related policies, practices, and procedures) you can also contact contactus@minutemedia.com.
We take copyright infringement very seriously, and we are committed to comply with the applicable copyright and intellectual property legislation. As a result, and in accordance with applicable laws, including the Digital Millennium Copyright Act, we have a Notice & Takedown mechanism, designed to enable copyright owners to report an infringement within the Service. We reserve the right (inter alia) to (1) block access to or remove content that we believe in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, clients, content providers, contributors, members or users; and/or (2) remove and discontinue service to repeat offenders.
If you believe that works, material or content residing on or accessible through our Service infringes your copyright or the copyright of someone whom you are authorized to act on behalf of (collectively, alleged “Infringing Content”), please send a notice of copyright infringement containing the following information to our designated agent (our “Designated Agent”, whose contact details are listed below): The identity (including registration/identification number) of the notifier; The identity of the copyright violator, e.g. username/name (if known); Date of notification; A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed (or of the owner himself); Identification of the works, material or content claimed to be infringed; Identification of the alleged Infringing Content, including information regarding its location, with sufficient details so that we can find and verify its existence (including screen shots and links); Contact information about the notifier, including email and physical address, and also related website/URL (if applicable) and jurisdiction; A statement that the notifier has a good faith belief that the alleged Infringing Content identified is not authorized by the copyright owner, its agent, or the law; And, a statement made under penalty of perjury that the information provided is accurate and the notifier is authorized to make the complaint as the owner of the relevant works, material or content claimed to be infringed, or on behalf of its copyright owner.
Upon receipt of a proper notice of copyright infringement, we reserve the right to (at our discretion): Remove or disable access to the alleged Infringing Content; Notify the content provider who is accused of infringement that we have removed or disabled access to the alleged Infringing Content; And/or terminate such content provider’s access to our Service if we determine that he or she is a repeat offender.
If we notified the content provider as aforesaid, and he or she believes that the alleged Infringing Content that was removed (or to which access was disabled) is not infringing, or the content provider believes that it has the right to post and use such content, then the content provider may promptly send a counter-notice containing the following information to the Designated Agent: Physical or electronic signature of the content provider; Identification of the alleged Infringing Content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled (including screen shots and links); A statement that the content provider has a good faith belief that the alleged Infringing Content was unjustifiably removed or disabled, such as a result of mistake or misidentification of the content, and an explanation as to the aforesaid; And content provider’s name, physical address and email.
If a counter-notice is received by the Designated Agent, we may, at our discretion, send a copy of the counter-notice to the original complaining party informing that person that we may reinstate the removed content or cease disabling it in 10 business days. In such case, unless we are informed that the copyright owner filed an action seeking a court order against the content provider accused of committing infringement, the removed material may be reinstated or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at our discretion.
Please contact our Designated Agent at the following address:
Attn. Legal Department, Pro Sportority (Israel) Ltd./Minute Media
Email: dmca@minutemedia.com, or: 8 Yitzhak Sadeh St., Acro Tower, Tel Aviv-Jaffa 6777508, Israel,
Phone: +1(888) 211-4431
When you upload User Content you agree and acknowledge that we may display the content in any part of the Service we see fit, regardless of the part of the Service to which you uploaded your User Content (“Cross Platform Publication”). For example, we may choose to publish User Content which you posted on the Website on the Facebook Application. You agree and acknowledge that you are not entitled to any notification of or compensation due to Cross Platform Publication of your User Content at any time. In addition, we may choose to post information regarding your use of the Service on your social media (e.g., Facebook) profile wall, including your User Content, statuses, comments, vBets, and content you have read.
Subject to the below and unless stated otherwise in these Terms, we and our affiliates, subsidiaries, licensors and subcontractors reserve and retain any and all rights, claims, titles and interests in and to any and all intellectual property in the Service and the Service’s content, including without limitation, in copyrighted works, trademarks, service marks, trade secrets, ideas, inventions, utility models, designs, patents, software and other intellectual property, all registered or not, contained in the Service. You do not acquire any right, title, interest or claim in any part of the Service or the Service’s content as a result of your use of the Service or any part thereof. Any transfer of rights shall be deemed null and void without our explicit prior written consent. To the extent that you provide any feedback or suggestions to us (“Feedback”), we shall have a non-exclusive, royalty-free, fully paid up, worldwide, perpetual, irrevocable, unlimited, sub-licensable and transferable license to incorporate the Feedback into of our current or future products, technologies or services and use same for any purposes all without further compensation to you and without your approval. You agree that all such Feedback shall be deemed to be non-confidential. Further, you warrant that your Feedback is not subject to any license terms that would purport to require us to comply with any additional obligations with respect to any of our current or future products, technologies or services that incorporate any Feedback.
Please note that the Service is operated by us and our service providers, and does not constitute as the official website or app for the third parties mentioned in our content, and generally the Service is not officially sponsored or endorsed by such third parties (excluding, regarding affiliation: certain direct campaigns that may appear in our Services, Affiliate Links, sponsored ads or content added by athletes that we work with). As such, all of such third parties’ intellectual property, including trademarks, names, logos and designs, used on the Services belong to their respective owners, and no claims are made to the intellectual property rights belonging to them. One example may be where a trademark or brand name is referred to in an editorial article or post, where it is used solely to describe or identify the subject matter of the article or post, without an assertion that such subject matter is endorsed by or affiliated with us.
Please also note that some of our content may feature links to third party products and/or services offered on third party sites via business partners we affiliated with (for example Skimlinks; “3rd Party Affiliates”). The 3rd Party Affiliates are connected to many retailers and publishers, which offer their products and/or services via the Affiliate Links, and we may earn a certain commission when a user clicks on such a link and/or purchases such a product and/or uses such services (“Affiliate Link/s”). Please assume that any time you click on an Affiliate Link this may lead to us earning a commission.
By providing your email address and any other data, when signing up for a newsletter on the Services, you agree that we may use the data you provided us with (including, without limitation, email address) for the purpose of providing you commercial and/or non-commercial materials related to our current and/or future product and Services, and in order to send you various product deals, promotions, marketing messages and ads (including also targeted ads). You may withdraw your consent to receive newsletters by sending a written notice to dpo@minutemedia.com or alternatively follow the instructions for removing/unsubscribing yourself from the mailing list which are available in the message transmitted to you.
In addition, the Services may include the sending of push notifications and alerts via various means of communication. You can deactivate the push notifications at any time by changing the notification settings on your web browser or device (as applicable). You can find more details regarding newsletter data collection and opting-out of newsletters, within our Privacy Policy.
During your use of the Service you will encounter pages which contain, third party advertisements, content stored or products and tools offered, on or via third party sites, embedded or framed into the Service (for example, news snippets and YouTube videos), as well as links to third party websites (collectively “Third Party Material”). We are not responsible for third party sites or Third-Party Material. These Terms apply only to your use of the Service alone. We have no control over nor do we take any responsibility for third party websites’ content, policies and practices or data collection, including, without limitation, third party websites to which hyperlinks are contained in the Service. By using the Service you hereby agree that we shall not be responsible for any damage, claim or liability in connection with your use of any third party sites and Third-Party Material, including without limitation third party sites to which you have arrived via the Service. You acknowledge and agree that we provide access to such Third-Party Material ”as is” and “as available” without any warranties, representations or conditions of any kind. Any use by you of optional Third-Party Material is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms of the relevant third-party provider(s).
The Service is provided ‘AS-IS’ and ‘AS-AVAILABLE’, and your use of the Service is at your own risk. We explicitly and expressly disclaim and you waive all warranties, guarantees and representations of any kind, whether express or implied, including without limitation warranties given in the course of dealing with us and are not stated herein and warranties regarding fitness for any particular purpose and promises of specific results, all to the fullest extent of the law. We explicitly and expressly disclaim and you waive all warranties, guarantees and representations regarding the Service, its content or any part thereof being available, uninterrupted, correct, error-free, accurate, copyright compliant, legal, decent, complete, reliable, current, malware-free, continual and secure. Any reliance you make on the Service, its content or any part thereof is at your own risk. We explicitly and expressly disclaim and you waive all warranties, guarantees and representations regarding other users’ User Content including without limitation its accuracy, usefulness and safety. User Content does not represent us in any way and you access and use it at your own risk.
You also understand and agree that content provided on the Services, including, where relevant, articles and information relating to betting and gambling, are provided for informational, entertainment and educational purposes only and should not be construed as personalized advice, nor is any of the said content intended to affect any player’s decisions when engaging in contests. You should not make any contest decisions or actions based solely on what you read on the Services. It is your responsibility to make your own decisions and choices in the contests in which you engage. You further acknowledge and agree that neither we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through the Services. For more information, please review our Legal Disclaimer, which applies to all our operated and brand sites.
We do not warrant, endorse, guarantee or responsible for any third party or third party services and products, including of advertisers or other users, even if accessed or offered via the Service, all to the fullest extent permitted by law, including without limitation for conduct or actions which are defamatory, offensive, illegal or infringing these Terms in any way. Downloading materials from the Service is not permitted and is at your risk, and we shall not be responsible for any damage to your computer or loss of data as a result. YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL BE SOLELY RESPONSIBLE FOR YOUR USE OF THE SERVICE. YOU ACKNOWLEDGE AND AGREE THAT WE, OUR AFFILIATES, SUPPLIERS, EMPLOYEES, OFFICERS, REPRESENTATIVES AND THIRD PARTY CONTENT PROVIDERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, STATUTORY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES, LOSS OR INJURIES SUFFERED BY YOU OR BY ANY THIRD PARTY, ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICE, ACTIONS, OMISSIONS, ERRORS, FAILURE TO PERFORM, INTERRUPTION, DELETION, DEFECTS, DELAYS, MALWARE, FILE CORRUPTION, COMMUNICATION FAILURE, UNAUTHORIZED ACCESS, LOSS OF DATA, DENIAL OF SERVICE, CHANGES TO THE SERVICE, WHETHER BASED ON CONTRACT (INCLUDING THESE TERMS), TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGE BEFOREHAND OR AFTERWARDS. Your sole and exclusive remedy for any of the above claims or any dispute with us is to discontinue your use of the Service, or, if such limitation of liability is deemed null or invalid by the applicable jurisdiction (determined below), our liability (and the liability to our affiliates, officers, employees, directors, contractors, agents, and service providers, towards you) to damages or losses caused to you or to any third party due to any of the aforementioned claims or in connection with the Service, it’s content or any part thereof is limited to the greater of: (a) one hundred (100) USD; or (b) the amounts paid by you to us in connection with the Services in the six (6) month period preceding this applicable claim. Notwithstanding the aforementioned, any cause of action arising in relation to the Service must be commenced and brought before the applicable jurisdiction within one (1) year of its accrual or it is permanently barred. You also agree that by using the Service and entering into this Agreement, you and us, waive the right to participate in a class action claim against one another with respect to the Service.
You agree to indemnify, defend and hold harmless us, our affiliates, officers, employees, directors, contractors, agents and service providers from against any losses, liabilities, expenses and damages, including reasonable attorney’s fees resulting from your use of the Service and any violation of these Terms. Without derogating from the foregoing, we reserve the right, at our discretion, to assume the exclusive defense and control of any matter which is subject to indemnification by you, which will not excuse your indemnity obligations hereunder and in which event you will fully cooperate with us in asserting any available defense. You agree not to settle any matter subject to indemnification by you without first obtaining our prior express written approval.
IMPORTANT – PLEASE REVIEW THIS ARBITRATION SECTION AS THIS MAY AFFECT YOUR LEGAL RIGHTS. THIS ARBITRATION SECTION IS APPLICABLE TO THE FULLEST EXTENT PERMITTED BY LAW.
1 . Mandatory Arbitration of Disputes. We each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Service (each, a "Dispute" and collectively, the "Disputes") will be resolved solely by binding, individual arbitration, unless expressly provided otherwise in this Arbitration Section, and not in a class, representative or consolidated action or proceeding. You and Minute Media agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms and that YOU AND MINUTE MEDIA ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. This Arbitration Section shall survive the termination of these Terms.
2 . Exceptions and Opt-out Option. The only exceptions to this Arbitration Section are the following:
3 . Initial Dispute Resolution and Notification. You and Minute Media agree that, prior to initiating an arbitration or other legal proceeding, you and Minute Media will attempt to negotiate an informal resolution of the Dispute. To begin this process, and before initiating any arbitration or legal proceeding against Minute Media, you must send a Notice of Dispute ("Notice") by certified mail to the attention of Minute Media's Legal Department at the Minute Media address set out in these Terms. For purposes of these Terms, initiating an arbitration means filing an arbitration demand ("Demand").
Your Notice to Minute Media must contain all of the following information: (1) your full name, address, username for the Website, and the email address associated with your account with the Service; (2) a detailed description of the nature and basis of the Dispute; (3) a description of the relief you want, including any money damages you request; and (4) your signature verifying the accuracy of the Notice and, if you are represented by counsel, authorizing Minute Media to disclose information about you to your attorney.
After receipt of your Notice, you and Minute Media shall engage in a good-faith effort to resolve the dispute for a period of 60 days, which both sides may extend by written agreement ("Informal Dispute Resolution Period"). During the Informal Dispute Resolution Period, neither you nor Minute Media may initiate an arbitration or other legal proceeding related to the Dispute.
If the Dispute is not resolved during the Informal Dispute Resolution Period, you may initiate an individual arbitration as provided below.
4 . Conducting Arbitration and Arbitration Rules. Any arbitration must be initiated with and conducted by National Arbitration & Mediation ("NAM") pursuant to its Comprehensive Dispute Resolution Rules and Procedures and/or its Mass Filing Supplemental Dispute Resolution Rules and Procedures (together, the "NAM Rules"), except as modified by these Terms. The NAM Rules are available at www.NAMADR.org, by calling NAM at 1-800-358-2550. In any instance where the applicable NAM Rules and these Terms are inconsistent, these Terms shall control.
An arbitration Demand filed with NAM must include a certification signed by the filing party verifying compliance with the Initial Dispute Resolution and Notification requirements and other requirements set out in this Arbitration Section.
If NAM fails or declines to conduct the arbitration for any reason, we will mutually select a different arbitration administrator. If we cannot agree, a court will appoint the arbitration administrator.
Any arbitration hearing will take place in New York, New York, unless you and Minute Media agree to a different location or to a virtual hearing.
The arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement, except that only a court of competent jurisdiction in New York, New York (and not an arbitrator) shall have the exclusive authority to resolve any claim that all or part of the Class Action Waiver set forth in these Terms or the Mass Filing procedures set forth in below are unenforceable, unconscionable, void, or voidable.
5 . Mass Filing Procedures. YOU AND MINUTE MEDIA AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, EACH OF US IS WAIVING THE RIGHT TO BRING OR PARTICIPATE IN A MASS ARBITRATION. Minute Media's receipt of one or more Notice(s) of substantially similar claims brought by or on behalf of 25 or more claimants (including you) within a 60-day period ("Mass Filing") shall be subject to the additional procedures set forth below. Claims included in a Mass Filing, if not resolved during the Informal Dispute Resolution Period, may proceed only in accordance with the procedures set out below, and subject to the NAM Mass Filing Supplemental Dispute Resolution Rules and Procedures ("NAM Mass Filing Rules", available at https://www.namadr.com/resources/rules-fees-forms/") to the extent not contrary to these Terms. If a court determines that this requirement is not enforceable as to your claim, then your claim may only proceed individually in court consistent with these Terms.
6 . Arbitration Costs. Payment of all arbitration filing fees and costs will be governed by the applicable NAM Rules. If you prevail on your claim in arbitration, Minute Media will reimburse you for any portion of the arbitration filing fees you paid that exceeded the amount you would have paid to file a complaint in a court of competent jurisdiction in New York, New York. If Minute Media prevails on your claim in arbitration, and the arbitrator finds that your claim was frivolous or filed in bad faith, the arbitrator may award Minute Media reimbursement from you of Minute Media's arbitration filing fees and costs.
7 . Offer of Settlement. Minute Media may, but is not obligated to, make a written offer to settle your claim at least 14 days before the arbitration hearing date. The amount or terms of any settlement offer may not be disclosed to the arbitrator until after the arbitrator issues an award on the claim. If an award is issued in your favor but is less than Minute Media's settlement offer, the arbitrator may order you to pay the arbitration costs incurred by Minute Media after its offer was made, unless otherwise prohibited by the underlying law governing your claim.
8 . Class Action Waiver. YOU AND MINUTE MEDIA AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, EACH OF US MAY BRING CLAIMS (WHETHER IN COURT OR IN ARBITRATION) AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF, CLAIMANT, OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, COORDINATED, PRIVATE ATTORNEY GENERAL, REQUEST FOR PUBLIC INJUNCTIVE RELIEF, OR REPRESENTATIVE PROCEEDING. This also means that you and Minute Media may not participate in any class, collective, consolidated, coordinated, private attorney general, request for public injunctive relief, or representative proceeding brought by any third party. Notwithstanding this provision or any other language in these Terms, you or Minute Media may participate in a class-wide settlement. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND MINUTE MEDIA WAIVE ANY RIGHT TO A JURY TRIAL.
9 . Effect of Changes on Arbitration. Notwithstanding the provisions of Section 2, if Minute Media changes any terms of this Arbitration Section after the date you first accepted these Terms or any subsequent changes to these Terms, you may reject the new changes to this Arbitration Section by sending us written notice, personally signed by you, by certified mail to the attention of Minute Media’s Legal Department at the Minute Media address set out in these Terms within 30 days of the date such change became effective, as indicated by the later of (1) the "Last Updated" date of the Terms you seek to reject or (1) the date of Minute Media's email to you notifying you of such change. Even if you reject a change, you will remain subject to the last version of this Arbitration Section of the Terms that you had accepted.
10 . Severability. If any portion of this Arbitration Section is found to be void, invalid, or otherwise unenforceable, then that portion shall be deemed to be severable and, if possible, superseded by a valid, enforceable provision, or portion thereof, that matches the intent of the original provision, or portion thereof, as closely as possible. The remainder of this Arbitration Section and all other Terms shall continue to be enforceable and valid.
These Terms, your relationship with us and any related disputes, are and shall be exclusively governed by and will be construed under the laws of the State of New York, without regard to the conflicts of laws provisions thereof.
The applicable state and federal courts of New York, New York shall have sole jurisdiction over any disputes between you and us that cannot be resolved by arbitration as provided herein..
If you believe that anyone is abusing the Service or using the Service in contradictions or violation with the terms stated herein, you may report this via e-mail to: contactus@minutemedia.com.
You hereby agree and acknowledge that you will not be an employee, agent, or partner of or joint venturer with or of Minute Media, nor will you have any authority to bind Minute Media in any respect. We may assign our rights according to this Agreement to any third party at our sole discretion. The Sections: Intellectual Property Rights, Disclaimers, Indemnification, Governing Law, Jurisdiction and General, and any licenses granted to us herein, shall survive any termination or expiration of these Terms. You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Service, provided that we may, in our sole discretion, do any of the foregoing on your behalf or for ourselves if and as we see fit. You may not assign your rights according to this Agreement, without our prior written consent. If any part of these Terms is deemed invalid for any reason, such invalidity will not affect the validity of the rest of these Terms. Failure to assert any right in regard to these Terms on our behalf shall not constitute concession, yield or relinquishment of any sort. You consent to receive electronic communications from us, including promotional material, and agree that email communication to the email address via which you communicated with us and/or the email address associated with your social media account or direct messages therein, notices posted on the Service or messages displayed when you enter the Service, all satisfy any legal requirement that such communication be in writing. If you have any question, requests or comments regarding these Terms or the Service, please contact us at: contactus@minutemedia.com.