In certain areas of the TDE website the content provided on or through the website may have additional rules, guidelines, license agreements, user agreements or other terms and conditions that apply to your access or use of that area of the website or content (including terms and conditions applicable to a corporation or other organization and its users). If there is a conflict or inconsistency between these terms and conditions and the rules, guidelines, license agreement, user agreement or other terms and conditions for a specific area of the website or for specific content, the latter shall have precedence with respect to your access and use of that area
of the site of content.
As used in these Terms and Conditions, the following terms have the following meanings:
"Claim" means any and all claims, disputes, demands, proceedings, cause of action, judgments, damages, liabilities, losses, costs or expense of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, that has accrued or may hereafter accrue, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence or any other intentional tort), or any other legal or equitable theory.
"We", "Us" "Our" and "TDE" whether capitalized or not, means Tiger Dragon Entertainment LLC, on behalf of itself and its worldwide affiliates and related entities operating under the Tiger Dragon Entertainment brand, and each of their respective officers, directors, members, employees, independent and sub-contractors, agents, representatives, successors and assigns.
"You" or "Your", whether capitalized or not, means all those who access, visit and/or use the TDE website, whether acting as an individual or on behalf of an entity, including you and all persons, entities, or digital engines of any kind that harvest, crawl, index, scrape, spider, or mine digital content by an automated or manual process or otherwise. "You" and "Your" also includes your administrators, executors, successors and assigns.
"Content" means all text, articles, photographs, images, graphics, illustrations, creative, copy, artwork, video, audio, music, podcasts, ringtones, games, trademarks, trade names, service marks, and other brand identifiers, designs, plans, software, source and object code, algorithms, data, statistics, analysis, formulas, indexes, registries, repositories, and all other content, information, and materials available on or through the Service, whether posted, uploaded, transmitted, sent or otherwise made available by us, our licensors, vendors, and/or service providers, or by you, and/or other users or third parties, including any such Content uploaded manually or bookmarked by you and/or other users.
The website and content provided on or through the website are the intellectual property and copyrighted works of TDE.
I. ARBITRATION NOTICE & CLASS ACTION WAIVER
In the event of any conflict or inconsistency between these Terms and Conditions and any other terms and/or conditions, we shall determine which rules, restrictions, limitations, terms and/or conditions shall control and prevail in our sole discretion, and you specifically waive any right to challenge or dispute such determination.
YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND TDE WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
You agree to indemnify, defend and hold harmless TDE, its successors, representatives, agents and assigns from and against any and all claims which may arise out of or are in any way connected with your use, or reliance on any content contained within this website, or any breach or alleged breach of these Terms and Conditions, or from any acts or omissions that refer or relate to TDE in connection with your use or reliance on this website.
III. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
TDE SHALL NOT BE LIABE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF THESE TERMS AND CONDITIONS OR ANY OTHER AGREEMENT INVOLVING TIGER DRAGON ENTERTAINMENT, THE CONTENT CONTAINED HEREIN, OR ANY ADVERTISING BY TDE ON ANY THIRD PARTY WEBSITE, ANY STATEMENT OR OMISSION, OR YOUR RELIANCE ON ANY INFORMATION CONTAINED ON THIS WEBSITE, THE USE OR MISUSE OF THIS WEBSITE OR ANY PRODUCT, INCLUDING DAMAGE TO YOUR DEVICE, OR FOR SOFTWARE DISABLING DEVICES, TIME BOMBS, VIRUSES, WORMS, BUGS, OR DEVICES OR DEFECTS OF SIMILAR NATURE ALLEGED TO HAVE BEEN OBTAINED FROM THE SERVICE, CONTENT OR PRODUCTS, YOUR ACCESS, VISITATION, AND/OR USE OF, OR RELIANCE ON THE CONTENT HEREIN OR ANY OF THE INTELLECTUAL PROPERTY AVAILABLE ON OR THROUGH TDE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL OUR LIABILITY TO YOU EXCEED THE TOTAL AMOUNT OF FEES PAID BY YOU DURING THE ONE MONTH PERIOD IN WHICH THE CLAIM AROSE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THE AGREEMENT IS NOT SUBJECT TO THE LAWS OF SUCH STATES, BUT TO THE EXTENT A CLAIM IS BROUGHT THEREIN, OUR LIABILITY AND WARRANTIES ARE LIMITED TO THE EXTENT PERMITTED BY LAW. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART: "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".
IV. TERMINATION AND SUSPENSION
All provisions of the Agreement shall survive the termination or expiration of the Agreement, your relationship with TDE. You agree that TDE may communicate with you via messaging. For contractual purposes, you (a) consent to receive communications from us in electronic form; and (b) agree that all notices, documents, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing. Your consent to receive communications and do business electronically, and your agreement to do so applies to all of your interactions and transactions with TDE.
V. ARBITRATION, WAIVER OF CLASS ACTION SUITS AND DISPUTE RESOLUTION
THIS SECTION SHOULD BE BROADLY CONSTRUED TO COVER ANY CLAIM RELATING TO ANY ASPECT OF YOUR RELATIONSHIP WITH US, INCLUDING, BUT NOT LIMITED TO, ANY CLAIM ARISING OUT OF OR RELATED TO THE AGREEMENT.
In the event any claim cannot be informally resolved, YOU and TDE agree to arbitrate all claims on an individual basis in accordance with the terms of the arbitration provisions of this agreement, rather than litigate the claim in court, and that the Superior Court of the State of California shall have no subject matter jurisdiction over any claim related to TDE, its successors, representatives, owners, directors, members, and/or assigns. Arbitration means You will have a fair hearing before a neutral arbitrator instead of in a court by a judge or jury. By entering into this agreement, You and TDE will have a fair hearing before a neutral arbitrator instead of in a court by a judge or jury. BY ENTERING INTO THIS AGREEMENT, YOU AND TDE EACH AGREE TO WAIVE THE RIGHT TO A TRIAL BY JURY FOR ALL CLAIMS.
The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules. For more information about the AAA and the arbitration process, please visit the AAA website at www.adr.org. Payment of all filing, administration, and arbitration fees will be divided equally 50% claimant and 50% respondent, regardless of how many claimants or respondents are named in the arbitration. Unless You and TDE agree otherwise, the claim shall be determined on the papers and each party waives the right to discovery or an oral hearing.
VI. RESTRICTIONS ON CLAIMS
AN ARBITRATION OF ANY CLAIM SUBJECT TO THIS ARBITRATION PROVISION MUST BE FILED WITHIN ONE (1) YEAR OF THE DATE OF THE OCCURRENCE OF THE EVENT OR FACTS GIVING RISE TO SUCH CLAIM, OTHERWISE, THE CLAIM IS BARRED AND THE RIGHT TO PURSUE SUCH CLAIM IS WAIVED.
BY ENTERING INTO THIS AGREEMENT YOU WAIVE YOUR RIGHT TO PARTICIPATE IN OR BRING A CLASS ACTION IN COURT OR A CLASS ARBITRATION. ALL PARTIES MUST BE INDIVIDUALLY NAMED. TO THE FULL EXTENT PERMITTED BY LAW, THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED OR LITIGATED IN COURT ON A CLASS ACTION OR CONSOLIDATED BASIS ON BEHALF OF OTHER PERSONS SIMILARLY SITUATED, OR BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC (SUCH AS A PRIVATE ATTORNEY GENERAL).
AS STATED MORE FULLY ABOVE, ALL PARTIES WAIVE ANY CLAIM TO INDIRECT, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR MULTIPLIED DAMAGES ARISING FROM OR OUT OF ANY CLAIM WITH US. TDE AND YOU AGREE THAT THE FOLLOWING WILL NOT BE SUBJECT TO ARBITRATION ("EXCLUDED CLAIMS"): (1) ANY CLAIM FILED BY YOU OR US IN SMALL CLAIMS COURT WHERE THE AMOUNT IN CONTROVERSY IS PROPERLY WITHIN THE JURISDICTION OF SUCH COURT; AND (2) ANY CLAIM REGARDING TDE'S INTELLECTUAL PROPERTY RIGHTS.
VII. ATTORNEY FEE WAIVER
You and TDE agree, that in order to disincentivize legal claims and disputes and in order to encourage resolution of disputes by alternative dispute resolution and mediation, the parties expressly agree that under no circumstances shall either party be entitled to attorney fees in brining or responding to any claim or dispute, with the limited exception of:
(1) attorney fees and sanctions are payable against any party for filing a claim or dispute in court, instead of arbitration, the party bringing the Motion to Compel Arbitration ("MTCA") is entitled to attorney fees pursuant to this contract for the expense incurred in bringing the MTCA to transfer the matter to an appropriate arbitration forum and/or;
(2) TDE is entitled to attorney fees to prosecute any action by TDE against any third party that infringes on TDE copyright image, video, intellectual property including but not limited to, television series, motion picture films, music videos, intellectual property and photographs (still or motion).
VIII. ADDITIONAL GENERAL TERMS
We reserve the right to post, from time to time, additional rules that apply to the website, partially or as a whole. Such additional rules will be posted as last revised date and are hereby incorporated into these Terms and Conditions by this reference. Your continued access, visitation and/or use of this website constitutes your agreement to comply with these additional rules..
Unless explicitly stated in writing by us, any new or additional features, functionality, Products or Content that augment or enhance the Service, including the release of updates or upgrades thereto, shall be subject to the terms and conditions of the Agreement.
Any delay or failure by us to exercise or enforce any right or provision of the Agreement will not constitute a waiver of such right or provision.
No waiver by us shall have effect unless such waiver is set forth in writing, signed by us; nor shall any such waiver of any breach or default constitute a waiver of any subsequent breach or default.
We may sub-license, transfer, sell or assign the Agreement, and/or any of our purported obligations hereunder, at any time to any person or entity, with or without notice. You may not sub-license, transfer, sell, or assign these Terms and Conditions and/or any written Agreement between You and TDE at any time to any person or entity, and any attempt to do so will be null and void.
IV. NO ORAL AGREEMENTS
There are no oral agreements. The TDE terms and conditions are intended to be the complete and final agreement between the parties, absent a signed written agreement indicating additional supplemental terms.
V. WAIVER AND SEVERABILITY
The failure of TGE to exercise or enforce any rights or provisions in these Terms and Conditions shall not constitute a waiver of such right or provision. If any part or provision of these terms and conditions is found to be unenforceable, invalid or unlawful such part or provision may be severed or alternatively modified by TDE to reflect the intent and meaning of the provision, in order to make the terms and conditions legal and enforceable. In the event any clause of provision is severed, the balance of the terms and conditions contained herein shall remain in full force and effect.
If you don't agree to these Terms and Conditions, you must immediately exit the TDE website.