Terms of Use - TYT Network

Terms of Use | Privacy Policy

These Terms of Use (“Terms”) govern your rights and obligations regarding the use of the The Young, Turks, Inc. website, applications and any and all related products and services (collectively referred to as the “App”). These Terms constitute a fully binding agreement between you and The Young Turks, Inc. (“TYT”), and, collectively, with its affiliates, parents, subsidiaries and each of their respective trustees, directors, officers, shareholders, members, employees, advisors, representatives, subcontractors, consultants, attorneys, agents, suppliers, distributors, licensees and/or licensors or anyone acting on their behalf, “We,”, “Us” or “Our”), is the proprietor of all rights in and to the App. It is therefore recommended that you carefully read these Terms.

By clicking “ACCEPT” below and using the App, you confirm that you agree to the following Terms of Use and TYT’s privacy policy, https://tytnetwork.com/privacy/ (“Privacy Policy”) which is incorporated herein by reference, both of which are an integral part of these Terms and your use and enjoyment of the App. IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD NOT ACCESS, BROWSE OR USE OUR APP, AND SHOULD REFRAIN FROM OR DISCONTINUE YOUR ACTIVITIES IMMEDIATELY.

As discussed further below, both you and TYT agree, with the limited exceptions noted below, to resolve all disputes between you and Us through BINDING ARBITRATION as further provided below. ARBITRATION MEANS THAT YOU AND TYT ARE EACH WAIVING THE RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS / PRIVATE ATTORNEY GENERAL ACTION.

These Terms may be amended by TYT from time to time. Please periodically review the controlling, online version of these Terms. By clicking “I Agree” below and continuing to use the App subsequent to Us making available an amended version of these Terms, you thereby acknowledge, agree to, and consent to such amendment.

You consent to entering these terms electronically, and to THE storage of records related to these terms in electronic form.

When using the App, you are subject to all the displayed rules and policies. Such rules and policies are hereby incorporated by reference into these Terms. We may also offer other products and/or services that are governed by different terms. If any of the terms for a specific service conflict with these Terms, the terms of that service govern solely for the purposes of that service.

We do not represent the App is governed by or operated in accordance with the laws of any other nation, or that the App or any portion thereof is appropriate or available for use in any particular location. If you choose to access the App, you do so at your own risk, and you are responsible for complying with all local laws, rules and regulations.

We provide users with access to communications tools, which may be accessed through any medium or device now known or hereafter devised, including websites, software and applications that deliver and receive information through a network of properties. Unless explicitly stated otherwise, any new tools that alter or improve the current or later developed or designed App shall be included in the definition of “App.”

You may access portions of the App without registering. However, in order to access some portions and features of the App, and to make purchases, you will be required to register an Account (see below) with and sign into the App. You are responsible for maintaining the confidentiality of your username, password and other information used to register and sign in to the App, and you are fully responsible for all activities that occur under this password and username. Please immediately notify us of any unauthorized use of your Account or any other breach of security by contacting Us at [email protected]. In the event you use the App over any cellular/mobile devices, you hereby acknowledge that your carrier’s normal rates and fees, such as excess broadband fees, will still apply.

Users may wish to post Content (see Definitions below) providing information about themselves or their preferences and interests, including links to their social media Accounts. We also may allow individuals to send messages to the other registered Users, if those Users so consent. We do not guarantee their contact information is accurate. You are responsible for obtaining access to our services. That access may require you to obtain services from third parties, (such as access to the Internet or wireless data services). In addition, you must provide and are responsible for all equipment necessary to access our services. For more information about the information we collect and how we use it, please see our Privacy Policy at : https://tytnetwork.com/privacy/.

1. Legal Agreement

These Terms are a legal agreement between you and Us and contain important information regarding your legal rights, remedies and obligations. By accessing, browsing or otherwise using the App, you: (i) acknowledge you have read, understand, and agree to be bound by these Terms; (ii) agree to comply with all applicable laws, rules and regulations with respect to your use of the App; and (iii) represent you are an adult or an emancipated minor over the age of 13 years and have the legal capacity to enter into contracts in the jurisdiction where you reside.

Our permitting you access to Our App is conditioned on your agreeing to all of the Terms, including your compliance with Our policies, including Our Privacy Policy.

We may from time to time amend these Terms and/or Our Privacy Policy. Those changes will be posted on Our App and may also be communicated to you by any written contact method We have with you. However, these changes take effect on the date posted on Our App.

2. Definitions

The Young Turks, Inc. includes its trustees, officers, directors, shareholders, employees, attorneys and agents (current and past) and any affiliates, individually and collectively, and any related individuals or entities.

Affiliated Parties means The Young Turks, Inc. and any related individuals, affiliates and subsidiaries, and any of their trustees, members, directors, officers, shareholders, employees, representatives, consultants, attorneys, agents, suppliers, distributors, licensees or licensors.

Content means all the content and materials which appear on the App, including but not limited to ideas, suggestions, documents and/or proposals submitted to Us, whether by webpage feedback, email or through any other means, and includes all information, data, text, URLs, software, music, video, photographs, graphics, messages, tags, audio and other forms of media which contain information and/or images.

Post or Posting means any text, image or other data submitted to Us in conjunction with the viewing and/or use of Our App.

Personally Identifiable Information or PII includes individually identifiable information about an individual consumer collected online by Us from the individual who has voluntarily provided it, including any of the following: (1) a first and last name; (2) a physical address, including without limitation a street name and name of a city or town; (3) an e-mail address; (4) a telephone or fax number; or (5) any other identifier that permits the physical or online contacting of a specific individual.

Service or Services means any of the App or other products or services provided or offered by Us, including those described in these Terms, whether through an App owned, maintained or controlled by Us, through a social network, a mobile application, on a mobile telephone or otherwise.

3. Privacy

We respect your privacy and share your concerns about its protection, Our Privacy Policy constitutes a part of these Terms and explains how We collect, use and protect information that We learn about you, your device(s), your location and other specifics, as a result of your interaction with Us through the App. How We collect that information and use it is explained in our Privacy Policy, which can be found at : https://tytnetwork.com/privacy/. By accepting these Terms, you agree to our collection and use of your personal information as described herein and in our Privacy Policy.

Since Our Privacy Policy is subject to periodic updates, it is recommended that you periodically check for updates.

4. User Qualifications

We require an individual to be at least 18 years old or an emancipated minor over the age of 13 years old to be a user of Our App. This App is not directed toward children under 13 years of age nor do We knowingly collect information about children under 13. If you are under 13 years of age, you are not permitted to submit any PII to Us. If a parent becomes aware any of his/her children has submitted PII to us, please immediately notify us at [email protected].

If We find out you are under 13 years of age, We will immediately, upon notice, cancel your Account and delete all of your Contents. If you are a minor, you should not be posting any Content. If you do post Content and want Us to remove it from the App, please contact Us at [email protected]. You will need to provide Us with specific information describing the location of the Content that you want Us to remove. We will take reasonable efforts to remove that Content upon receiving a sufficient request, but We cannot ensure complete or comprehensive removal of all that Content.

If you wish to report an Account created for a minor, please contact us at [email protected].

If you had an Account with Us which was previously terminated by Us or you otherwise had your access to Our App terminated, you will not be permitted to become a user without Our express consent, which We may give or withhold in Our absolute discretion.

a. Individual use: You represent that you are of legal age or an emancipated minor over 13 years of age to form a binding contract and are not a person barred from receiving our Services under the laws of the United States or any other applicable jurisdiction. When you register for any of Our Services, you affirm that all the information you provide during any registration process is true, accurate, current, and complete;

b. Business use: If you register for or use Our Services on behalf of a business, that business accepts these Terms and that you are authorized to accept these Terms on behalf of the business.

5. Intellectual Property Rights Ownership

The Young Turks, Inc. and any affiliates, subsidiaries, distributors, vendors, contractors, licensors and/or licensees are the exclusive owners or licensees of all the content and materials on the App (the “Content”) in connection with the App, including but not limited to any software and App, and of all related intellectual property rights therein, including, but not limited to, all copyrights, moral rights, trademark and patent rights (the “IP”). Our Content includes, but is not limited to, all features, functions, services, software, algorithms, designs, objects, documentation, know-how, code, data, art, graphics, animation, photographs, images, text, music, sound effects, audio and/or audio-visual elements, downloadable materials, look-and-feel, design, layout, organization, presentation, user interface, navigation and stylistic convention of the App.

All trademarks, trade names, copyrights, logos and service-marks (collectively, the “Marks”) related to Our intellectual property are Our exclusive property. Unauthorized use of any of the Marks or of any word, term, name or symbol that is likely to cause confusion or mistake with respect to the user’s connection or association with TYT, or Our approval or sponsorship of the user’s products or services, or that is likely to dilute any of Our Marks is strictly prohibited by law. All third party trade names, trademarks, logos and service marks, if any, that appear in or on the App are the property of their respective owners.

You do not acquire any ownership interest in any IP or the Marks by accessing, browsing or otherwise using the App. You may not use, reproduce, copy, modify, distribute, transmit, display, perform, publish or otherwise exploit, through any means or media, any of Our IP or Marks or any of the App’s Contents or Services.

We may prevent unauthorized use of the App via technological means designed to protect Our products and services. You agree not to circumvent or attempt to circumvent these means. You agree that any attempted or actual circumvention or otherwise unauthorized use by you or anyone on your behalf will result, at minimum, in the termination of all your rights under these Terms and to Our products and Services.

a. Licenses.

On condition of your acceptance of these Terms, We grant you a non-exclusive, limited, non-transferrable, non-sub-licensable, freely revocable license to use the App for your personal or commercial use only as provided elsewhere herein or for those uses permitted by properly approved Content providers. TYT reserves all rights not expressly granted herein. We also reserve the right to terminate at any time your license to use the App for any reason and, at our discretion, to charge for commercial usage.

You retain ownership of the intellectual property contained in your Content. However, you grant Us and users of the App a royalty-free, irrevocable, transferrable, sublicensable and non-exclusive perpetual license throughout the universe for use in any and all media whether now known or hereafter devised to use and exploit (including a license to use, copy, distribute, prepare derivative works, and publicly perform the Content without limitation by reproduction, distribution, public display, adaptation, communication to the public, and/or public performance, and including for commercial purposes) any and all Content that you post to or through the App. You also waive to the fullest extent permitted by law any and all claims against Us related to moral rights in the Content. In no circumstances will We be liable to you for any exploitation of any Content that you post unless you are an authorized Content provider, in which case Our use of your Content is governed by any written agreement We have with you regarding that Content. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish and exploit Content that you post. You also grant TYT the right to any commercial use of that Content, at Our sole and absolute discretion. However, third party users may not use your Content for commercial purposes, unless We provide them with written consent to use your Content for commercial purposes for the purpose of which you authorize TYT to be your agent.

6. Bad Behavior

We want you to feel safe using our App without fear of being subjected to malicious activity or harassment. You will have to decide whether someone is being annoying, obnoxious, harassing or cyberbullying. While we hope our Users will not be jerks, you may report what you consider inappropriate on-line actions to [email protected]. However, if specific threats are made against you or you feel unsafe, immediately contact your local law enforcement agency.

7. Harassment

TYT has a zero-tolerance policy when it comes to harassment, which comes in many forms, including but not limited to:

Abusive and/or threatening comments and/or messages;
Revealing someone’s personal information, including sensitive personally identifiable information such as addresses, social security numbers, passport numbers, or bank account numbers;
Making hurtful or negative comments about another person;
Unwanted sexualization, which encompasses sexual harassment or sexual bullying in any form; and/or
Incitement to harass others including users, publishers, and on-screen personalities.

Sometimes criticism and insults can escalate into more serious forms of harassment and cyberbullying. If specific threats are made against you or you feel unsafe, immediately contact your local law enforcement agency.

8. Hate Speech Policy

TYT has a zero-tolerance policy regarding hate speech. We encourage free speech and try to defend your right to express unpopular points of view; however, we do not – under any circumstance permit hate speech. Hate speech refers generally to content that promotes violence against or has the primary purpose of inciting hatred against individuals or groups based on certain attributes, such as:

Race or ethnic origin
Religion
Disability
Gender
Age
Veteran status
Political views
Sexual orientation/gender identity

If specific threats are made against you or you feel unsafe, immediately call your local law enforcement agency.

9. Our Access Rules

You warrant and agree that, while accessing or using the App, you represent and warrant that you will not use the App to:

– Violate any law (including without limitation laws related to torts, contracts, export controls, patents, trademarks, trade secrets, copyrights, defamation, obscenity, rights of publicity, or other rights) or encourage or provide instructions to another to do so;

– Post any Content containing unsolicited or unauthorized advertising, promotional materials, spam, junk mail, chain letters, pyramid schemes, or any other form of unauthorized solicitation;

– Post any Content containing sweepstakes, contests or lotteries, or otherwise related to gambling;

– Post any Content in any bulletin board or chat room which deviates from the discussion thread or otherwise violates TYT’s policy regarding harassment or hate speech;

– Violate our podcast service policies;

– Post any Content containing copyrighted materials, or materials protected by other intellectual property laws, that you do not own;

– Post any Content for which you have not obtained all necessary written permissions and releases;

– Misrepresent any fact (including without limitation your identity or age);

– Post any software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, including by engaging in any denial of service attack or similar conduct;

– Exceed your authorized access to any portion of the App;

– Collect or store personal data about anyone;

– Modify without written permission from TYT any part of the App;

– Obtain or attempt to access or otherwise obtain any Content or information through any means not intentionally made available or provided for through the App;

– Exploit errors in design, features and/or bugs which are not documented so as to gain access that would otherwise not be available;

– Use any robot, spider, scraper, or other automated means to access the App for any purpose;

– Take any action that imposes, or may impose, an unreasonable or disproportionately large load on our infrastructure; or

– Interfere or attempt to interfere with the proper working of or activities conducted on the App, or bypass any measures we may use to prevent or restrict access to the App.

You agree to use the App solely for private and authorized commercial purposes, unless you are an authorized Content provider, in which case you agree to use the App for only those purposes for which you are authorized. When you access or use the App, including when you submit Content to be published on or in the App, you further warrant and represent that you will not engage in any of the following activities, some of which may also expose you to civil and/or criminal liability:

– unless specifically authorized by Us, submit Content of a commercial nature (including advertising), including but not limited to (i) offering to third parties a service of your own that uses the App; (ii) reselling, or offering to rent or lease the App; (iii) offer the App to the public via communication or integrate it within a service of your own, without Our prior written consent;

– to not access Content through any technology or means other than the video playback pages of Our Service, the Embeddable Player, or other explicitly authorized means We may designate;

– hack, attack, copy or alter any Content on the App or obtain, or attempt to gain, unauthorized access to Our App and/or other computer systems, materials, information or any Content or Services available on or through the App through any means, including through means not intentionally made publicly available or provided through the App;

– engage in any automatic or unauthorized means of accessing, logging-in or registering in connection with the App, or obtaining lists of users or other information from or through the App, including any information residing on any server or database connected to the App;

– use the App or any of its features, Content and/or Services in any manner that could interrupt, damage, disable, overburden and/or impair the App or interfere with any other user’s use and enjoyment of the App, including, but not limited to, sending chain letters, pyramid schemes, mass unsolicited messages or “flooding” servers;

– engage in flooding, harvesting of email addresses or other personal information, spidering, “screen scrapping,” “database scraping,” or any other activity whose purpose is to obtain lists of users, their personally identifiable information and/or any other information We maintain about users of the App;

– remove, obscure or change any copyright, trademark, hyperlink or other proprietary rights notices contained in or on the App or any of its Content or any code embedded in or on Our App or on a third party website or application and/or Our software or any software on any third party website or application;

– submit any Content to the App or on any third party website or application that falsely expresses or implies that Content is sponsored or endorsed by TYT;

– use the App or any of Our Services in violation of TYT’s intellectual property (including but not limited to copyright and trademark) or other proprietary or legal rights or those of any third party;

– use the App to violate the security of any computer network or transfer or store illegal material;

– use false information or impersonate any person or entity or misrepresent your affiliation with any other person or entity, whether actual or fictitious, including any user or any person or entity otherwise affiliated with TYT;

– post, upload, transmit, publish, reproduce or otherwise disseminate through any Content that We determine in Our sole discretion: (i) is unlawful, harmful, harassing, offensive, fraudulent, threatening, abusive, libelous, defamatory, invasive of privacy, vulgar, obscene, hateful, or otherwise infringes TYT’s or any third party’s intellectual property or other rights; (ii) is derogatory or harmful to TYT’s reputation or that of any affiliated individuals or entities; (iii) is harmful to children in any manner; (iv) seeks to or discriminates against any individual based on race, gender, gender identity, ethnicity, religion, occupation, political view, socioeconomic class, national origin, sexual preference, physical or mental handicap or on any other basis; (v) poses a risk to a person’s safety, security or health; (vi) personally identifies any other person without obtaining such person’s express written consent to the disclosure of his or her personal information; and/or (vii) encourages criminal behavior or conduct that would constitute a criminal offense under any law, or could give rise to civil liability or other lawsuit;

– use an inappropriate username or screen name;

– use tools which anonymize your Internet Protocol address to access Our App;

– attempt (or encourage or support anyone else’s attempt) to circumvent, reverse-engineer, decrypt, or otherwise alter, or interfere with the App or any of its Content and/or Services; or modify, adapt, disassemble, decompile, translate, reverse engineer or otherwise attempt to discover the source code or structure, sequence and/or organization of the App or any portion of the App, except where required by applicable local law(s), and then only to the extent required by such local law(s);

– submit false or misleading information to TYT;

– violate the intellectual property, contractual, personal or other rights of any individual or entity, or promote or constitute illegal activity;

– violate any of these Terms, Our Privacy Policy, or any local, state, provincial, federal, national or international law, rule or regulation or any rules of conduct posted with respect to any individual feature of Our App or that of any third party to whose website or application We link;

– seek to use or actually use the personally identifiable information of any user, any third party or any individual associated with TYT in any manner not approved in writing in advance by that individual;

– mislead, defraud or trick TYT or any users, especially if you are seeking to learn sensitive information about users or their Accounts, including user names, passwords and/or personally identifiable information;

– transmit, disseminate or use any spam, malware, viruses, worms, Trojan horses, RATs, keyboard loggers, time bombs, spyware, adware, cancelbots, passive collection mechanisms, or other objectionable materials, or any other malicious or invasive code, or program or upload or transmit (or attempt to do so) any material that acts as a passive or active information collection or transmission mechanism, including but not limited to, clear graphics interchange formats, pixels, web bugs, cookies or similar devices;

– other than as the result of standard search engine or Internet browser usage, use or launch, develop or distribute any automated system, including, but not limited to, any spider, robot, bot, cheat utility, scraper or off-line reader that accesses Our App, or use or launch any unauthorized script or other software;

– obscure or cover any notice, banner, advertisement or other branding in or on the App; and/or

– circumvent, interfere with or seek to interrupt or disturb any security feature of the App and/or any feature that restricts or enforces limitations on the use of or access to and/or bugs the App.

The foregoing examples of unlawful Content are made solely for illustrative purposes and do not constitute an exhaustive list of restricted Content or prohibited activities.

You agree that all Content, whether publicly posted or privately transmitted through our Services, are the sole responsibility of the person who posted such Content. This means that you are solely and entirely responsible for all Content that you upload, post, email, transmit, or otherwise make available via Our Services. We do not control the Content posted via Our Services and do not guarantee the accuracy, integrity, or quality of such Content. We are not liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted, or otherwise made available through Our Services. You agree to comply with all applicable laws and regulations when using Our Services. Any unauthorized reproduction, publication, further distribution, or public exhibition of the materials provided on Our Services, in whole or in part, is strictly prohibited. Some of the Content that users post may be offensive, indecent, or objectionable. We are not liable for that Content.

TYT may decline to publish or immediately delete any Content you submit if you or the Content have violated these Terms, Our Privacy Policy, or if you engaged in a commission or omission that is harmful or may be harmful to the App, Our users and/or TYT. In any such case, TYT may also terminate your access to the App or prevent you from posting additional Content on or otherwise using the App. The provisions of this clause are in addition to any rights afforded to TYT by any law or regulation.

TYT may examine Content at any time, refuse publication of any Content, and/or remove such Content after its publication. However, TYT does not routinely utilize this right to monitor Content and does so only in cases needed to enforce these Terms of Use and our Privacy Policy.

You acknowledge that we may establish general practices and limits concerning use of Our Services, including without limitation the maximum number of days that We will retain uploaded Content, the maximum amount of Content that may be sent from or received by an Account on Our Services, the maximum size of any Content that may be sent from or received by a user through Our Services, the maximum disk space that will be allotted on Our servers to host Content associated with your Account, and the maximum number of times (and the maximum duration for which) you may access Our Services in a given period of time. You agree that We have no responsibility or liability for the deletion or failure to store any Content maintained or transmitted using Our Services. You further acknowledge that We may modify our general practices and limits from time to time. You also consent to us storing your Content on our servers.

TYT, in its sole discretion, may decide the duration of the publication of any Content, its location, when and how it appears in or on the App, its design and any other matter pertaining to the publication of Content in or on the App. Content submitted by users for publication does not reflect the views of TYT. The fact that TYT permits any Content to be posted does not warrant the validity, reliability, accuracy, timeliness, or legality of that Content.

We have no obligation of confidentiality, express or implied, with respect to Content that you post to or through the App, and We shall be entitled to use, exploit, or disclose (or choose not to use, exploit, or disclose) such Content at Our sole and absolute discretion without any obligation to you whatsoever (i.e., you will not be entitled to any compensation or reimbursement of any kind from Us under any circumstances whatsoever).

10. Podcasts

TYT’s podcasting service (“Podcasting Service”) consists of free news and information audio files (“Podcast Content”) and paid subscription podcasts that may be downloaded to your personal device. Any uses of the Podcasting Service not granted herein are strictly prohibited.

Prohibited uses include, but are not limited to (i) incorporation of advertising or the placement of advertising associated with or targeted at the Podcast Content; and/or (ii) editing or modifying the Podcast Content or any links contained therein in any manner whatsoever, including but not limited to inserting any intermediate page, splash page or any other content between the podcast link and the applicable page on the App.

You may only use the Podcasting Service with platforms which provide a functional link that, when accessed, takes the User directly to the podcast feed on the App. The Podcast Content may be used only in a manner which allows linking or redirection to or delivery of the applicable page on the App.

As required by law, you must provide attribution to the appropriate page on the App in connection with your use of the Podcasting Service, and, if you use a graphic in the attribution, you must use the appropriate logo incorporated into the Podcast Content.

TYT reserves the right to cease offering any or all of the Podcasting Service or Podcast Content at any time or to require you to cease any and all use of the Podcasting Service or Podcast Content at any time for any reason.

TYT assumes no liability for your activities in connection with the Podcasting Service or for your use of the Podcast Content in connection with your website, computer, MP3 player or other device.

11. Account Services

There is Content on this App which is available only if you create an Account. When any of the Services on the App require you to open an Account (“Account”) or otherwise provide user or registration information, including user name and password (“User Information”), you must complete the registration process by providing Us with complete, truthful and accurate information. When you create an Account, you alone are responsible for maintaining the strict confidentiality of any user name and password relied upon to gain access to your Account, and for the use by you and any other person or entity that accesses Our App by use of your User Information, whether or not that access was authorized by you. You must notify Us immediately of any suspected or actual unauthorized use of your Account or your User Information, and of any and all other security breaches. You grant to Us and to all other persons and entities involved in the maintenance and operation of the App the right to use, store, monitor, retrieve and transmit your User Information in connection with maintaining and operating the App. Our information collection and use policies with respect to the privacy of your User Information are set forth in Our Privacy Policy, which is incorporated in these Terms by reference for all purposes and can be found here : https://tytnetwork.com/privacy/.

We reserve the right to terminate any Account and/or to refuse Service to you, without prior notice, at any time and for any or no reason. Without limiting the above, if We, in Our absolute discretion, find that you have violated these Terms more than once, We will, in appropriate circumstances, permanently terminate your Account. You have the right to cancel your Account at any time. You may cancel your Account by directing a written request to [email protected] here or to VP of Engineering, The Young Turks, Inc., 6230 Wilshire Blvd., Box 140, Los Angeles, CA 90048.

If you voluntarily terminate your Account or allow your Account to lapse, it may be reactivated through the Account interface on the App. Any Account terminated by Us for any type of abuse, including for a violation of these Terms and/or our Privacy Policy, may not be reactivated without Our express consent which is in Our absolute discretion to decide.

12. Fees for Features

Some of the Content on Our App requires you to pay a fee, the details of which are available in various areas in the App and allow you to purchase products, features or Services. If you choose to join one of our mobile marketing lists, please be aware there are usually costs associated with receiving SMS or MMS messages, depending on your wireless carrier and plan. You should check with your wireless carrier to determine what charges apply before signing up to receive our updates via your mobile device. You agree to pay all fees and applicable taxes incurred by you or anyone using your Account or your User Information. We may revise the pricing for products, Services or features offered through the App at any time. Unless otherwise noted, all currency references are in U.S. dollars. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable.

If you enroll for a recurring payment and provide Us with a payment method, you authorize Us to charge that payment method on the frequency specified at the time you enrolled. You understand the prices We charge for Our Services may change. We may notify you of any price change(s) by sending you notice at the most recent address (email or physical, at our discretion) you placed on file with Us. You agree to pay the then-current price(s) at the time of the charge for those Services for which you enrolled. You are responsible for updating your payment method, if the information changes (e.g., expiration date, vendor, card number, billing address, etc.). Recurring charges will continue for the term specified at the time you enrolled or until you cancel per your Account with Us.

If you need to update your credit card details or you want to use a different credit card, please visit http://tytnetwork.com/how-to-update-your-billing-information/ to make changes.

We may use a third party not affiliated with us to process payments for any of our Services (a Third Party Processor). You agree this Third Party Processor is solely responsible for controlling, handling or fulfilling purchases and purchase data processed through its systems. When using such Third Party Processor, you may be subject to additional terms of use/service and privacy policy/ies of that Third Party Processor.

Your membership must be cancelled before it renews in order to avoid the billing of any renewal membership fees to your credit card. You may cancel your membership at any time by visiting http://tytnetwork.com/secure/membership-acccount/cancel/ and following the on-screen prompts. To cancel, you must give us the email address or user name associated with your membership, along with your cancellation instructions. If you chose to cancel your membership, you will still have access to your paid membership benefits for the duration of your previously paid membership period. At the conclusion of your membership period, your membership benefits will expire and you will not be billed again for renewal.

If there is a dispute regarding payment of fees to, or products or Services provided by, Us, your Account may be closed and your user access information may be disabled without warning or notice at our sole discretion.

EXCEPT AS OTHERWISE SET FORTH IN OUR CANCELLATION POLICY, YOU ACKNOWLEDGE AND AGREE THAT ANY APPLICABLE FEES AND OTHER CHARGES FOR FEE-BASED PRODUCTS, SERVICES OR FEATURES ARE NOT REFUNDABLE IN WHOLE OR IN PART. YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR ACCOUNT OR THROUGH YOUR USER INFORMATION, INCLUDING ANY UNAUTHORIZED CHARGES.

We may, from time to time, modify, amend, or supplement our fees and fee-billing methods, and such changes shall be effective immediately upon posting in these Terms or elsewhere on the App.

13. Product/Service Orders

From time to time, We make products and Services available to our Users through their Accounts. When you place an order, concurrent with your online order, you are representing you are 18 years old or older or an emancipated minor over the age of 13 years old. You agree to pay in full the prices for any purchases you make either by debit or credit card or other electronic means, or by other payment means acceptable to Us or our payment processor. You agree to pay all applicable taxes. If we do not receive payment from your debit or credit card issuer or by way of any other electronic means, or their agents, you agree to pay all amounts due upon demand by Us.

14. Submission of Your Ideas and Suggestions

There are sections of the App which invite input from Users. If, in response, you do submit ratings, comments, ideas, suggestions or other Content through the App (including, without limitation, those for new creative work (e.g. scripts, story lines, articles, fan fiction, characters, drawings, information, suggestions, ideas or concepts), sound recordings, musical compositions, video programming, webisodes, machinima or theatrical motion pictures) (collectively “Submissions”), you hereby grant Us and our respective designees a worldwide, non-exclusive, sublicensable, transferrable, assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute, adapt, create derivative works from, publicly perform, publicly display and license, digitally perform, make, have made, sell, offer for sale and import your Submissions in any and all media and means of communication, now known or hereafter developed. You also agree We are not and cannot be responsible for maintaining any User created Content that you provide to Us and may delete or destroy any such Content at any time. IF YOU DO NOT WISH TO GRANT THE RIGHTS GRANTED IN THIS PARAGRAPH, PLEASE DO NOT SHARE, SUBMIT OR POST ANY SUBMISSION ON OR THROUGH THE APP.

15. Third-Party Websites/Applications

The App contain links to websites and/or applications of third parties and advertisements of third-party products and services (“platforms”). If you use these links, you will leave Our App. These third parties and their platforms are not under Our control. We do not examine or evaluate these platforms and We are not responsible for their content or operation. By providing links to these platforms, We do not approve, warrant, endorse, or otherwise make any representation about them or their owners or operators, and do not assume any related responsibility or liability. You should exercise your own judgment in evaluating and using these platforms. When you link to these platforms, you become subject to their terms and conditions of use and privacy policies and should review them carefully before entering any such platforms. We do not endorse these platforms and our Terms and Privacy Policy do not apply to them.

We do not warrant that a third party cannot decrypt your information should a third party come into possession of or have access to the device(s) you use to access Our Services. We recommend that you use all the security features on each of your devices, including any password or locking functions, to protect your device(s) and the confidentiality of your information. To the extent that Our Services use third party wireless networks, We cannot guarantee that your communications will not be intercepted by others. You agree that We will not be liable for any damages for any loss or disclosure of personal information occurring in communication over networks and/or platforms outside Our control. From time to time, We may issue updates to Our Services. Depending on the update, you may not be able to use Our Services until you have downloaded the latest updates and accepted any new Terms.

We reserve the right, at Our sole discretion, to terminate, suspend, cancel or alter access to third-party platforms at any time. You expressly release Us from any and all liability arising from your use of any third-party platforms and their services or contents. Your dealings with or participation in promotions of advertisers found on those third-party platforms, including payment for or delivery of goods and/or services, and any other terms, including, but not limited to warranties, are solely between you and those providers. You specifically agree that We are not responsible for any loss or damage of any sort resulting or arising from your dealings with those third party platforms and/or their providers.

16. Disclaimers/No Warranties

We administer, control and operate the App from Our offices in the City and County of Los Angeles, California, United States of America. The App is accessible world-wide. However, some of its features or functions may not be available or appropriate for use outside of the United States and/or may not be available to all persons or in all geographic locations. We make no representation that the App or Our Content and/or Services are appropriate or authorized for use in all countries, states, provinces, counties, localities or any other jurisdictions. Your access and use of the App may not be legal in your jurisdiction. If you choose to access, browse or use the App, you do so on your own initiative and at your own risk, and you are responsible for compliance with all applicable laws if, and to the full extent that, such laws and restrictions are applicable. We reserve the right to limit, in Our sole discretion, the provision of any feature or function of the App to any person and/or geographic area. Any offer for any feature or function made on the App is void where prohibited.

The App provides information of a general nature only. You are responsible for determining whether it applies to your specific situation. We specifically disclaim any liability concerning any action that any individual may take based on any information or guidance provided at the App.

AS A USER, YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE APP IS TO TERMINATE YOUR ACCOUNT AND DISCONTINUE ALL USE OF THE APP.

17. Events Out of Our Control

TYT shall not be liable for any delay or failure in performance under these Terms and Our Privacy Policy or any interruption of service resulting from acts of God, natural disasters, civil or military authority, war, terrorism, labor disputes, materials provided by third parties, changes in law, or any other cause beyond the reasonable control of TYT.

18. Procedure for Making Claims of Copyright Infringement For User Content and Links

We have adopted a policy, in compliance with the Digital Millennium Copyright Act (“DMCA”), to enable, at our sole discretion, the expeditious removal of infringing material and the termination of repeat infringers’ Accounts. If you have a good faith belief that your copyright is being infringed by any Content accessible on or through the App, please send a notice of claimed infringement, including the information listed below, to our Designated Copyright Agent at:

By mail: The Young Turks, 6230 Wilshire Blvd, #140, Los Angeles, CA 90048

By email: [email protected]

To be effective, the notice of claimed infringement must include the following required contents:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
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;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity that is to be removed, or access to which is to be disabled, and information reasonably sufficient to permit Us to locate the material (providing specific URLs is the best way to help Us locate the Content quickly);
Information reasonably sufficient to permit Us to contact the complaining party, such as the address, telephone, fax, and/or an email address at which the complaining party may be contacted;
A statement that the complaining party has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please note that information provided in this legal notice may be forwarded to the person who provided the allegedly infringing Content.

To leave a message for Our Designated Agent by phone please call [email protected]..

Procedure for Making Other Complaints

If you believe that your rights, or the rights of a third party, are being violated in any way by any Content accessible on or through the App, please contact Us at [email protected].

Where appropriate, We will work to prevent unlawful activity from taking place on or through the App.

19. Limitation of Liability

EXCEPT AS SET OUT BELOW, UNDER NO CIRCUMSTANCES, INCLUDING ANY BREACH OF CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ARISING UNDER ANY OTHER LEGAL OR EQUITABLE THEORY WILL TYT AND/OR ITS AFFILIATED PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARISE OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE APP (INCLUDING WITHOUT LIMITATION USE OF OR RELIANCE ON INFORMATION AVAILABLE ON OR IN THE APP OR OTHERWISE RELIED ON OR USED BY TYT IN DELIVERING THE APP, AND/OR ANY INTERRUPTIONS, ERRORS, DEFECTS, MISTAKES, OMISSIONS, DELETIONS OF FILES, DELAYS IN OPERATION OR TRANSMISSION, NONDELIVERY OF INFORMATION, DISCLOSURE OF COMMUNICATIONS, AND/OR ANY OTHER FAILURE OF PERFORMANCE), OR FOR ANY CONTENT, INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED OR ACCESSED THROUGH THE APP, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BY AGREEING TO AND ACCEPTING THESE TERMS, YOU HEREBY IRREVOCABLY RELEASE TYT AND ITS AFFILIATED PARTIES FROM LIABILITY OF ANY KIND, AND FOR ANY CONSEQUENCE(S) ARISING FROM THE USE OF THE APP. THIS INVOLVES ANY AND ALL LOSSES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFIT, LOSS OF GOODWILL, INTERRUPTION, LOSS OF BUSINESS INFORMATION, DAMAGE TO REPUTATION, FEES, ACTUAL ATTORNEYS’ FEES AND COSTS, EXPENSES OR ANY DAMAGE, WHETHER DIRECT OR INDIRECT, WHETHER FINANCIAL OR NON-FINANCIAL.

in association with any claim, or any loss, damage, action, suit or other proceeding relating to or arising under or out of these Terms, whether the CLAIM is founded upon contract, infringement of intellectual property rights, tort, negligence or other grounds. YOU AGREE NOT TO FILE ANY LAWSUIT OR PROCEEDING INCONSISTENT WITH THE FOREGOING LIABILITY LIMITATIONS.

IN NO EVENT SHALL TYT OR ITS AFFILIATED PARTIES BE LIABLE FOR ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY TYT ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE APP (INCLUDING ANY USER GENERATED CONTENT). IN NO EVENT SHALL THE TOTAL LIABILITY OF TYT AND ITS AFFILIATED PARTIES TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED, IN THE AGGREGATE, (i) THE AMOUNT, IF ANY, PAID BY YOU TO TYT FOR YOUR USE OF THE APP OR FOR ANY OF YOUR ACTIVITIES IN CONNECTION WITH THE APP DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING YOUR CLAIM, OR (ii) THE SUM OF FIVE HUNDRED U.S. DOLLARS ($500.00 USD), WHICHEVER IS LESS.

20. Warranty

YOU USE THE APP AT YOUR SOLE/OWN RISK. THAT APP, INCLUDING ALL CONTENT, SOFTWARE, WEBSITE, FUNCTIONS AND MATERIALS, IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES WITH RESPECT TO ANY UPTIME OR UNINTERRUPTED ACCESS, THE AVAILABILITY, ACCURACY OR USEFULNESS OF ANY CONTENT, OR ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FEATURES, QUALITY, COMPATIBILITY, PERFORMANCE, SECURITY OR ACCURACY. WE DO NOT WARRANT THE APP AND/OR ANY SERVICES AND/OR CONTENT WILL BE TIMELY, SECURE, UNINTERRUPTED, OR OPERATED FREE OF DELAYS IN TRANSMISSION, FAILURE IN PERFORMANCE, COMPUTER VIRUSES, INACCURACIES, ERRORS OR DEFECTS. WE ALSO ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE, FOR ANY DAMAGES TO OR VIRUS(ES) THAT MAY INFECT YOUR COMPUTER EQUIPMENT, TABLET, CELLULAR/MOBILE PHONE OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, BROWSING, OR USE OF THE APP. YOU ARE SOLELY RESPONSIBLE FOR IMPLEMENTING SUFFICIENT SAFEGUARD PROCEDURES AND VIRUS CHECKS (INCLUDING ANTI-VIRUS, REGULAR SYSTEM UPGRADES AND OTHER SECURITY CHECKS AND MEASURES) TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR THE ACCURACY AND SECURITY OF DATA INPUT AND OUTPUT. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE APP SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply to you.

The information provided by the App is not intended to replace the information presented in the physical world. In the event that information in the physical world differs from the App, you must not rely on the App. Moreover, TYT does not warrant the App will operate in an uninterrupted or error-free manner, or that it is safe, secured from unauthorized access to TYT’s computers, immune from damages, and free of malfunctions, bugs or failures (including, but not limited to, hardware or software failures).

21. Modifications

A change to the App may occur at any time and, if it does, We will post the updated Terms. If such a posting occurs, the revised Terms will become effective upon the earlier of (i) posting of the revisions to the App, or (ii) distribution of the revisions by electronic mail. For this reason, please visit this page on a regular basis and check the “Last Updated” date at the top of these Terms to ensure you are familiar with the most recent version of these Terms. Your continued use of the App after the effective date of the revisions signifies your acceptance of any such revisions.

22. Statute of Limitations

Whether you are an individual or an authorized Content provider, you and We agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to Our App, or Our Content and/or Services, Terms and/or Privacy Policy must be filed within one (1) year after such claim or cause of action arose or be forever barred.

23. Assignment

You agree that We may assign any of Our rights, and/or transfer, sub-contract or delegate any of Our obligations, under these Terms. Your agreement to these Terms is personal to you as an individual or limited to you as an authorized Content provider, and so you may not transfer or assign your rights and obligations under this Agreement to any third party without Our prior written consent.

24. Termination

We may permanently or temporarily terminate or suspend your access to Our App without notice and without liability for any or no reason, including if, in Our sole determination, you violate any provision of these Terms. In particular, We may immediately terminate or suspend any Account that has been found to repeatedly infringe any IP rights or in violation of any other laws or Our Terms and/or Privacy Policy.

Upon termination of your access to or ability to use Our App, including but not limited to suspension of your Account, your right to use or access any Service and/or any Content will immediately cease. All provisions of these Terms that by their nature should survive termination, shall survive termination, including, but not limited to, ownership provisions, warranty disclaimers, and limitations of liability. Termination of your access to and use of Our App shall not relieve you of any obligations arising or accruing prior to such termination or limit any liability which you otherwise may have to Us or any third party.

On termination of your Account and/or upon your deletion of any particular Service or Content, you acknowledge and agree that: (a) caching of, copies of, or references to the Content may not be immediately removed; and (b) such removed Content may persist in backups (not available to others) for reasonable periods of time. You agree to release and indemnify Us from all claims related to the retention of deleted Content.

You agree that We may, without prior notice, immediately terminate, limit your access to, or suspend your Account based on any of the following: (a) breach or violation of these Terms; (b) upon request by law enforcement; (c) unforeseeable technical or security issues or problems; (d) extended periods of inactivity; or (e) fraudulent, deceptive, or illegal activity, or other activity which We believe is harmful to Our App and/or business interests. You agree that termination, limitation of access and/or suspension shall be made in Our sole discretion and that We shall not be liable to you or any third party for the termination, limitation of access, and/or suspension of your Account.

You may terminate your Account with Us and under these Terms at any time by emailing Us [email protected].

We may terminate these Terms for any or no reason at any time by notifying you through a notice on the App, by email, or by any other method of communication. Any such termination will be without prejudice to Our rights, remedies, claims, or defenses hereunder.

Upon termination, you will no longer have a right to access your Account and/or your Content. We will not have any obligation to assist you in migrating your data or your Content and We may not keep any backup of any of your Content. We will not be responsible for deleting your Content.

25. Survival

The following sections shall survive any termination: “Intellectual Property Rights and License,” “Indemnity,” “Warranty,” “Limitations of Liability,” “Jurisdictional Restrictions,” “Release,” and “Binding Arbitration Agreement and Class / Private Attorney General Waiver Disclosure”.

26. Export Control

You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; (ii) you are not listed on any U.S. Government list of prohibited or restricted parties, (iii) nor will you use Our Services to transfer software, technology or other technical data to parties identified on any such lists.

27. Indemnity

You agree to defend, indemnify and hold harmless Us, Our Affiliated Parties and Our employees, contractors, agents, professional advisers, members, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to actual attorney’s fees and costs) arising from: (i) your use of and access to the App, including any data or Content transmitted, submitted, viewed, or received by you; (ii) your violation of any provision of these Terms and/or Our Privacy Policy, including your breach of any of the representations and/or warranties contained in these Terms; (iii) your violation of any third party rights, including any rights of privacy or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of any of your Content or any that is submitted via your Account; and/or (vi) any other party’s access and use of the App and any of the App’s Services and/or Content with your unique username, password or other appropriate security code.

You hereby agree that We shall have the sole right and obligation to control the legal defense against any such claims, demands, or litigation, including the right to select counsel of our choice and to compromise or settle any such claims, demands, or litigation.

28. Released Parties

To the fullest extent permitted by law, you release Us, Our Affiliated Parties and Our related individuals, affiliates and subsidiaries, and any of their trustees, members, directors, officers, shareholders, employees, representatives, consultants, attorneys, agents, suppliers, distributors, licensees and/or licensors from any and all responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with the following: (i) disputes between users, including those between you and other users; (ii) third party platforms and services, including Content found on such platforms and in such services; (iii) disputes concerning any use of or action taken using your Account by you or any third party; (iv) claims relating to the unauthorized access to any data communications or Content stored under or relating to your Account, including unauthorized use or alteration of such communications or your Content.

If you have a dispute with one or more users of the App, or with any party who provides advertising or third party Services on, or through the App, or with any individual or entity who provides a website/application linked to the App or from third-party Content which is posted in or on the App, you release Us and our Affiliated Parties from all claims, demands, and damages (e.g., direct, incidental, indirect, punitive, statutory, exemplary, special or consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute. If you have a dispute with any third party in any way pertaining to our App, Services and/or Content, you release TYT and Our Affiliated Parties from any and all claims, demands, and damages (e.g., direct, incidental, indirect, punitive, statutory, exemplary, special or consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute. You also waive California Civil Code § 1542 which states:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.

You also waive any and all benefits and rights that would otherwise accrue to you by reason of the provisions of any federal, national, state or local statute or principle of common law of any state of the United States, or any political entity or nation, provincial or local law or regulation that may govern this release, which statute, regulation, law or principle provides in substance something similar to California Civil Code § 1542. You agree not to file any action or lawsuit inconsistent with the foregoing release.

29. Governing Law and Jurisdiction

You agree that the laws of the United States of America and the laws of the State of California, without regard to any principles of conflicts of laws, will govern these Terms, your use of, and all matters relating to your access to, and/or use of, the App, including all disputes between you and TYT. You also agree that: (i) the App shall be deemed solely based in California, and (ii) the App shall be considered a passive App which does not give rise to personal jurisdiction over TYT, either specific or general, in any jurisdiction other than California. Further, you irrevocably submit to the exclusive jurisdiction of, and venue in, the state and federal courts Los Angeles, California, and the related appellate courts, in any action or proceeding arising out of these Terms, Our Privacy Policy, and/or your access to and use of the App.

30. Limitation of Liability

To the extent allowed by law, WE shall not be responsible or liable to you for any loss or damage of any sort incurred as the result of the following:

– delaying, rejecting, or removing any or all Content at any time for any or no reason whatsoever with or without notice to you;

– modifying or discontinuing temporarily or permanently, the APP (or any part thereof) with or without notice to you for any or no reason whatsoever;

– immediately terminating your access to the App for any or no reason whatsoever and with or without notice to you;

– the accuracy, usefulness, or availability of any information Posted to or through the APP; AND/or

– any loss or damage of any sort incurred by you as a result of interactions you have with third-partIes found on or through the APP.

In no event shall WE be liable to you for any incidental, direct, indirect, punitive, statutory, exemplary, special, or consequential damages whatsoever (including damages for loss of profit, loss of goodwill, interruption, loss of business information or any other financial loss) in association with any claim, or any loss, damage, action, suit or other proceeding relating to or arising under or out of these Terms, even if we have been notified of the possibility of such damages, whether the action is founded upon contract, infringement of intellectual property rights, tort, negligence or other grounds. YOU AGREE NOT TO FILE ANY LAWSUIT OR PROCEEDING INCONSISTENT WITH THE FOREGOING LIABILITY LIMITATIONS.

Some jurisdictions may not permit certain liability limitations OR WAIVERS. If any court determines the law of such a jurisdiction applies, our liability shall be limited to the greatest extent permitted by law.

31. NOTICE FOR CALIFORNIA USERS

Under California Civil Code Section 1789.3, users of the App from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.

32. NOTICE FOR NEW JERSEY USERS

The following sections shall not apply to users of the App from New Jersey: Warranty, Limitations on Liability and Jurisdictional Restrictions.

33. Disclosure.

Certain state laws permit our Users, e.g., those who are Illinois or California residents, to request certain information regarding disclosure by Us of personally identifiable information to third parties. If you qualify, you may make your request to [email protected].

34. BINDING ARBITRATION AGREEMENT AND CLASS / PRIVATE ATTORNEY GENERAL WAIVER DISCLOSURE

Agreement to Arbitration; Class Waiver: You and We agree, except as provided below regarding small claims court proceedings, any dispute, claim or controversy arising out of or relating in any way to the Our App, Services and/or any Content, including, but not limited to, the App, Our Content, Our products, Our Services and user interfaces, Our Privacy Policy and/or Our privacy practices generally, as well as, these Terms, and this Arbitration Agreement, shall be determined by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. YOU AGREE THAT, BY AGREEING TO THESE TERMS, THE U.S. FEDERAL ARBITRATION ACT GOVERNS THE INTERPRETATION AND ENFORCEMENT OF THIS AGREEMENT, AND THAT YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION OR PRIVATE ATTORNEY GENERAL ACTION. This arbitration provision shall survive termination of these Terms.

a. Pre-Filing Mediation. In the event of a dispute, prior to initiating arbitration, the party asserting the claim must first send to the other, by certified mail or overnight courier, a written Notice of Claim (“Notice”). If you are the claimant, the Notice to Us must be addressed to: VP of Engineering, The Young Turks, Inc, 6230 Wilshire Blvd., Box 140, Los Angeles, CA 900048 or by emailing [email protected]. If We are the claimant, the Notice must be sent to the last known address We have on file for you in your Account. The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought. Following receipt of the Notice, each party agrees to negotiate with the other in good faith about the claim. If the claim is not resolved to the satisfaction of the claimant within sixty (60) days after Notice is provided, the claimant may pursue the claim in arbitration or file a claim in small claims court, if the claim is eligible for small claims disposition.

b. Additional Arbitration Provisions:

1. Settlement Offers: During the arbitration, the amount of any settlement offer made by you or Us shall not be disclosed to the arbitrator.

2. Initiating A Claim: The form required to initiate an arbitration can be printed or downloaded from www.adr.org. Alternatively, you may contact the arbitration administrator by calling 1-800-778-7879 or writing to the American Arbitration Association, 725. S. Figueroa St., Suite 400, Los Angeles, CA 90017.

3. Fees for Initiating Arbitration: If you are required to pay a filing fee to initiate arbitration, after We receive notice of the initiation of arbitration, We will promptly reimburse you for your payment of the filing fee at the address provided in the Notice, unless your claim is for greater than US$10,000. If your claim is for more than US$10,000, then reimbursement, if any, of the filing fee shall be decided by the applicable arbitration rules.

4. Applicable Rules; Administrator: The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the American Arbitration Association, 725. S. Figueroa St., Suite 400, Los Angeles, CA 90017. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this Arbitration Agreement.

5. Location of Hearing: Unless you and We agree otherwise, any arbitration hearings will take place in Los Angeles, California. If your claim is for US$10,000 or less, We agree you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US$10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a written decision sufficient to explain the essential findings and conclusions on which the award is based.

6. Class Waiver: YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL PROCEEDING. Further, unless both you and We agree otherwise, the arbitrator may not consolidate the claims of more than one party, and may not otherwise preside over any form of a class, representative or private attorney general proceeding. If this specific provision is found to be unenforceable as applied to any claim asserted by you, then the entirety of the arbitration provision set forth herein shall be null and void.

7. Injunctive Relief Limitation: The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide the relief warranted by that party’s individual claim.

Small Claims Procedure Alternative: Notwithstanding the foregoing binding arbitration procedure, either party may bring an individual action in small claims court (provided the claim otherwise qualifies for such a program) as an alternative to proceeding with arbitration.

35. Opt-Out Provision

You may elect to opt out (exclude yourself) from the final, binding arbitration procedure and the class action waiver specified in these Terms by doing the following. Within 15 days of your first accessing the App, you must send a letter to Us at: The Young Turks, Inc., 6230 Wilshire Blvd., Box 140, Los Angeles, CA 90048, (VP of Engineering) that specifies (1) your name, (2) your IP address(es), (3) your mailing address, and (4) your request to be excluded from the final, binding arbitration procedure and class action/private attorney general waiver specified in these Terms. All other Terms shall continue to apply to you and your Account, including the requirement to participate in pre-dispute mediation. You are not required to send the letter by certified mail, return receipt requested or overnight courier, but it is recommended that you do so. Your request to be excluded will only be effective and enforceable if you can prove the request was postmarked within the applicable 15-day deadline.

36. Arbitration Clauses Invalid/Inapplicable:

If any court of competent jurisdiction finds the arbitration, class action and private attorney general waiver provision(s) in these Terms of Use to be invalid or inapplicable, you agree to the exclusive jurisdiction of the federal and state courts located in the County and City of Los Angeles, California, and the related appellate courts, in any related action or proceeding. Further, you irrevocably submit to the exclusive jurisdiction of, and venue in, the state and federal courts in the County and City of Los Angeles, California, and the related appellate courts, in any related action or proceeding and agree you shall not raise any claims as to the County and City of Los Angeles, California being an inconvenient forum. You also agree to submit to the exercise of personal jurisdiction of such courts for the purposes of litigating any applicable claim or action.

37. Assignment of Rights

You may not assign or transfer your rights in and to the App, without the prior written consent of TYT. TYT may assign its rights in and to the App to a third party at its sole and absolute discretion. Likewise, these Terms and the rights, benefits and obligations contained herein are fully assignable by TYT and will be binding upon and inure to the benefit of TYT’s successors and assigns.

38. Waiver

Our failure to exercise or enforce any rights or provisions of these Terms shall not be deemed nor constitute a waiver or relinquishment of such rights or provisions. Any waiver of any right or provision of these Terms must be in writing.

39. Severability

If any part of these Terms is determined to be invalid or unenforceable under applicable law, including the warranty disclaimers and liability limitations stated elsewhere herein, then the invalid or unenforceable provision(s) will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision(s), and the remainder of these Terms shall continue in full effect.

40. Entire Agreement

These Terms shall be deemed to include all other notices, policies, disclaimers and other terms and conditions contained in the App, including Our Privacy Policy; provided, however, these Terms shall prevail in the event of a conflict with any such other documents. Any rights not expressly granted in these Terms are reserved to Us.

These Terms constitute the entire agreement between you and TYT and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and TYT, with respect to all matters relating to your access to, and/or use of, the App, Our Services and Our Content.

41. Electronic Recordkeeping

A printed version of these Terms and Our Privacy Policy and of any notice given in electronic form shall be admissible in any and all judicial or administrative proceedings based upon or relating to these Terms and/or Our Privacy Policy to the same extent as other business documents and records originally generated and maintained in printed form. In the event of an inconsistency between these Terms and the synopsis of terms, if any, presented to users during software installation, these Terms shall prevail.

Miscellaneous

42. No party, nor any of the parties’ respective attorneys, shall be deemed the drafter of this agreement for purposes of interpreting any provision hereof in any judicial or other proceeding that may arise between the parties.

43. Except as otherwise expressly provided in these Terms, there shall be no third party beneficiaries to this agreement. For the purpose of clarity, Our Affiliated Parties, and other representatives, affiliates and subsidiaries, and any of their trustees, directors, officers, shareholders, employees, representatives, consultants, attorneys, agents, suppliers, distributors, licensees or licensors are intended to be and are considered third party beneficiaries of this agreement.

44. Headers: The headings in these Terms are for convenience only and have no legal or contractual effect.

45. Terms: “Include,” “Includes,” “Including,” “include,” “includes,” and “including” herein mean including without limitation.

46. Independent Contractor. These Terms of Use and your use of the App, including the submission of Content in or onto the App, do not, and shall not be construed as creating any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship in any way and/or of any kind between the parties hereto. Your use of the App is intended for your personal enjoyment and benefit, and the provision of the App to you (subject to your compliance with these Terms and Our Privacy Policy) constitutes the sole and sufficient consideration that you are entitled to receive for any Content or other contributions you have made to TYT and Our products and Services.

47. Contact Us

You may contact Us concerning any question about the App at [email protected] or any of our Services or Contents at The Young Turks, Inc., 6230 Wilshire Blvd., Box 140, Los Angeles, CA 90048, (VP of Engineering.) We will make our best efforts to address your inquiry promptly.