Website Terms and Conditions of Use

Effective Date: May 1, 2024

These “Terms of Use” set forth the terms and conditions that apply to your use of www.gumbyworld.com (the “Web Site”), which is operated by Premavision Inc. and Prema Toy Inc. (“Premavision Inc. and Prema Toy Inc.,” “our,” “we” or “us”). By using the Web Site (other than to read this page for the first time), you agree to comply with all of the Terms of Use set forth herein. The right to use the Web Site is personal to you and is not transferable to any other person or entity.

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

Copyrights and Trademarks
A.           All materials contained on the Web Site are Copyright October 7, 2011, Premavision Inc. and Prema Toy Inc. All rights reserved.

B.           No person is authorized to use, copy or distribute any portion the Web Site including related graphics.

C.           Premavision Inc. and Prema Toy Inc. and other trademarks and/or service marks (including logos and designs) found on the Web Site are trademarks/service marks that identify Premavision Inc. and Prema Toy Inc. and the goods and/or services provided by Premavision Inc. and Prema Toy Inc.. Such marks may not be used under any circumstances without the prior written authorization of Premavision Inc. and Prema Toy Inc..

D.           You will not use the Premavision Inc. and Prema Toy Inc. services or Premavision Inc. and Prema Toy Inc. Inc. content available on or through the Premavision Inc. and Prema Toy Inc. services – inclusive of text, photographs, images, audio/video clips, “look and feel,” metadata, or compilations of the Premavision Inc. and Prema Toy Inc. content for the development of any software program, including, but not limited to, training or otherwise developing a machine learning or artificial intelligence system or algorithm.

Removal of Material that Infringes Copyrights

Premavision Inc. and Prema Toy Inc. respects the intellectual property of others and requires that our users do the same. Premavision Inc. and Prema Toy Inc. will respond expeditiously to claims of copyright infringement and reserves the right to remove or disable access to any Content that infringes the copyright of any person under the laws of the United States upon receipt of a notice that substantially complies with the requirements of 17 U.S.C. § 512(c)(3) as set forth below. Premavision Inc. and Prema Toy Inc. also has a policy that provides for the termination in appropriate circumstances of subscribers and account holders of Premavision Inc. and Prema Toy Inc. services who are repeat infringers.

If you believe material on the Premavision Inc. and Prema Toy Inc. services infringes your copyright.

If you believe that any material residing on or linked to from Premavision Inc. and Prema Toy Inc. services infringes your copyright, you must send Fox’s designated Copyright Agent a written notification of claimed infringement that contains substantially all of the following information.

(a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;

(b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Premavision Inc. and Prema Toy Inc. services (such as the URL(s) of the claimed infringing material);

(c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and an email address;

(d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

(e) a statement by you that the above information in your notification is accurate and a statement by you, made under penalty of perjury, that you are the owner of an exclusive right that is allegedly infringed or are authorized to act on the owner’s behalf; and

(f) your physical or electronic signature. Premavision Inc. and Prema Toy Inc.’s Copyright Agent for notification of claimed infringement can be as follows:

Fox Corporation
Copyright Agent
2121 Avenue of the Stars, Suite 1200
Los Angeles, CA 90067

E-Mail: FoxDMCA@fox.com

This contact information is exclusively for the purpose of notifying Premavision Inc. and Prema Toy Inc. of claimed infringement. Please be advised that requests sent to the Copyright Agent without the appropriate subject line or for purposes other than communication about copyright claims may not be reviewed or responded to.

If you posted material to Premavision Inc. and Prema Toy Inc. service that was removed due to notice by a copyright owner.

If you posted material to Premavision Inc. and Prema Toy Inc. services that Fox removed due to a notice of claimed infringement from a copyright owner, Fox will take reasonable steps promptly to notify you that the material has been removed or disabled. This notice may be by means of a general notice on the Fox Service or by written or electronic communication to such address(es) you have provided to Fox, if any.

You may provide counter-notification in response to such notice in a written communication directed to the Copyright Agent as described above, that includes the following:

(i) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;

(ii) a statement by you, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;

(iii) your name, address, telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which Fox may be found, and that you will accept service of process from the person who provided notification requesting the removal or disabling of access to the material or such person’s agent; and

(iv) your physical or electronic signature.

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

Links to Third-Party Web Site

Premavision Inc. and Prema Toy Inc. may provide hyperlinks to third-party web sites as a convenience to users of the Web Site. Premavision Inc. and Prema Toy Inc. does not control third-party web sites and is not responsible for the contents of any linked-to, third-party web sites or any hyperlink in a linked-to web site. Premavision Inc. and Prema Toy Inc. does not endorse, recommend or approve any third-party web site hyperlinked from the Web Site. Premavision Inc. and Prema Toy Inc. will have no liability to any entity for the content or use of the content available through such hyperlink.

No Representations or Warranties; Limitations on Liability

The information and materials on the Web Site could include technical inaccuracies or typographical errors. Changes are periodically made to the information contained herein. Premavision Inc. and Prema Toy Inc. MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY INFORMATION, MATERIALS OR GRAPHICS ON THE WEB SITE, ALL OF WHICH IS PROVIDED ON A STRICTLY “AS IS” BASIS, WITHOUT WARRANTY OF ANY KIND AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES WITH REGARD TO ANY INFORMATION, MATERIALS OR GRAPHICS ON THE WEB SITE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES SHALL THE SITE OWNER OR PUBLISHER BE LIABLE UNDER ANY THEORY OF RECOVERY, AT LAW OR IN EQUITY, FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, SPECIAL, DIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO LOSS OF USE OR LOST PROFITS), ARISING OUT OF OR IN ANY MANNER CONNECTED WITH THE USE OF INFORMATION OR SERVICES, OR THE FAILURE TO PROVIDE INFORMATION OR SERVICES, FROM THE WEB SITE. FOR CLARIFICATION, THIS AGREEMENT DOES NOT LIMIT COMPANY’S LIABILITY FOR FRAUD, FRAUDULENT MISREPRESENTATION, DEATH, OR PERSONAL INJURY TO THE EXTENT THAT APPLICABLE LAW WOULD PROHIBIT SUCH A LIMITATION.

Informal Dispute Resolution Procedure, Arbitration Agreement and Class Action Waiver (“Dispute Resolution Section”)

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

  1. Dispute.  The term “Dispute” is to be given the broadest possible meaning that will be enforced, and shall include any dispute, claim, demand, count, cause of action, or controversy between you and Dino Bones Productions, Inc., whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, or any other intentional tort), or any other legal or equitable theory. The term “Dispute” specifically includes, but is not limited to, any disputes, actions, claims, or controversies between you and Premavision Inc. and Prema Toy Inc. that arise from or in any way relate to or concern any Content, the Site or services provided by Premavision Inc. and Prema Toy Inc. including but not limited to the Premavision Inc. and Prema Toy Inc. Services (as defined above), the Dispute Resolution Section, any other aspect of this Agreement or any prior versions of this Agreement (including their applicability and their conformance to applicable law), and any disputes relating to telephonic, text message, or any other communications either of us received from the other. The only exceptions to the Dispute Resolution Section are that: (i) each of you and Premavision Inc. and Prema Toy Inc. retains the right to sue in small claims court; (ii) each of you and Premavision Inc. and Prema Toy Inc. may bring suit in court against the other to enjoin infringement or other misuse of intellectual property rights; and (iii) each of you and Premavision Inc. and Prema Toy Inc. may bring suit in court to determine the enforceability of Sub-Section b. and/or Sub-Section k of the Dispute Resolution Section.
  1. Mandatory Informal Dispute Resolution Process. You and Premavision Inc. and Prema Toy Inc. agree that good-faith, informal efforts to resolve disputes often can result in a prompt, cost-effective, and mutually beneficial outcome.  Therefore, if either you or Premavision Inc. and Prema Toy Inc. wants to bring or resolve a Dispute, you or Premavision Inc. and Prema Toy Inc. must follow the mandatory informal dispute resolution process as a precondition to the ability to file an arbitration demand or lawsuit:
    1. Notice. You or Premavision Inc. and Prema Toy Inc. must first send to the other a written Notice of Dispute (“Notice”) that sets forth the name, address, and contact information of the party giving notice, the specific facts giving rise to the Dispute, the Premavision Inc. and Prema Toy Inc. Service to which the Notice relates, and the relief requested, including damages, if any, and a detailed calculation for them. Your Notice also must contain your email address and (if different) the email address associated with your Premavision Inc. and Prema Toy Inc. account (if you have an account with Premavision Inc. and Prema Toy Inc.). Our Notice must also be sent to your email address associated with your Premavision Inc. and Prema Toy Inc. account (if you have an account with either entity), and you consent to receive any such Notice as part of these dispute resolution terms. You and we must include in any Notice to each other a personally signed statement (from you or us—not from your or our counsel) verifying the accuracy of the contents of the Notice, and if you are represented by counsel, your signed statement authorizing Premavision Inc. and Prema Toy Inc. to disclose your Premavision Inc. and Prema Toy Inc. account details to your attorney while seeking to resolve your claim. We each must individualize our Notice, meaning it can concern only our Dispute and no other person’s Dispute. You must send your Notice to Premavision Inc. and Prema Toy Inc.by email to Arbitration-Notice@fox.com or by mail to: Arbitration Notice of Dispute, Fox Corporation, 2121 Avenue of the Stars, Suite 1200, Los Angeles, California, 90067. In the case of a Dispute initiated by you or us, it is the sender’s responsibility to prove that the sender provided the notice in the manner that is required in this paragraph.
    2. Good Faith Effort to Informally Resolve Dispute. After receipt of a completed Notice, the parties shall engage in a good faith effort to resolve the Dispute for a period of 60 days (which can be extended by agreement). You and Premavision Inc. and Prema Toy Inc. agree that, after receipt of the completed Notice, the recipient may request an individualized telephone or video settlement conference and both parties will personally attend (with counsel, if represented). You and Premavision Inc. and Prema Toy Inc. agree that the parties (and counsel, if represented) shall work cooperatively to schedule the conference at the earliest mutually convenient time and to seek to reach a resolution. If you and Premavision Inc. and Prema Toy Inc. do not reach an agreement to resolve the issues identified in the Notice within 60 days after the completed Notice is received (or a longer time if agreed to by the parties), you or Premavision Inc. and Prema Toy Inc. may commence a proceeding as noted below.
  1. Arbitration Agreement.  If you and we do not resolve the Dispute within 60 days of the submission of the Notice in accordance with the Informal Dispute Resolution Procedures, Dino Bones Productions, Inc., including its Affiliates, agents, employees, predecessors in interest, successors, and assigns, and you agree that any Dispute between you and Dino Bones Productions, Inc., regarding any aspect of your relationship with Dino Bones Productions, Inc., will be resolved in a binding, confidential, individual and fair arbitration process, and not in court, subject to the exceptions noted in Sub-Section g. below. Thus, subject to those exceptions, you and Premavision Inc. and Prema Toy Inc. agree to give up the right to sue in court, including that you and Premavision Inc. and Prema Toy Inc. agree to waive their right to a jury trial.
  1. Controlling Law Regarding Arbitration Process and Agreement to Arbitrate.  This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1–16, governs the interpretation and enforcement of the provisions in this Arbitration Section related to the arbitration process. The agreements in this Arbitration Section shall survive termination of the Agreement. Any original action to compel arbitration under Section 4 of the FAA (or analogous state law) must be brought in a state or federal court located in New York City, unless mandated by law to be filed in another state or federal court. If the FAA is found to not apply to any issue regarding the interpretation or enforcement of the parties’ agreement to arbitrate, then that issue shall be determined by the laws of the State of New York. Any arbitration between you and Premavision Inc. and Prema Toy Inc. will be administered by the American Arbitration Association (“AAA”) pursuant to their then-applicable rules, including their mass arbitration supplementary rules and mass arbitration fee schedule, as applicable, as modified by The Dispute Resolution Section. AAA’s rules and fee schedules can be found at www.adr.org. Except in the event of a Mass Filing as described in Sub-Section k of the Dispute Resolution Section. below, the arbitration shall be conducted by a single, neutral arbitrator. If you and Premavision Inc. and Prema Toy Inc. cannot agree on an arbitrator, the arbitrator will be appointed pursuant to the AAA’s rules.
  1. Alternative Arbitration Provider.  If AAA is not available to arbitrate, including because it is not able to administer the arbitration(s) consistent with the rules, procedures, and terms of the Dispute Resolution Section, including those described in Sub-Section k., the parties will select an alternative arbitration provider. If the parties cannot agree on an appropriate alternative arbitration provider, then the parties will ask a court of competent jurisdiction to appoint an arbitrator pursuant to 9 U.S.C. § 5 that is able to administer the arbitration(s) consistent with the rules, procedures, and terms of this Dispute Resolution Section, including, as applicable, Sub-Section k. The Dispute Resolution Section will govern to the extent it conflicts with the arbitration provider’s rules. For arbitrations before the AAA, the AAA’s Consumer Arbitration Rules and Optional Rules For Emergency Measures of Protection shall apply.
  1. Filing Fee and Costs. The initiating party must pay all filing fees for the arbitration. Your and Dino Bones Productions, Inc.’s responsibility to pay other administrative and arbitrator costs will be as set forth in the applicable arbitration provider’s rules, unless the arbitrator determines the claims are frivolous. If a claim is determined to be frivolous, the claimant is responsible for reimbursing the respondent for its portion of all such administrative, hearing, and/or other fees incurred as a result of the frivolous claim.
  1. Waiver of Fees and Costs.  You may qualify for a waiver of certain arbitration costs under the applicable arbitration provider’s rules or other applicable law. If you meet the standard for proceeding in forma pauperis in federal court, the state court of your residence, or the state court where the arbitration is brought, cannot obtain a waiver from the arbitration provider of any filing fees you are required to pay, and the arbitration provider refuses to administer the arbitration without your payment of said fees, Premavision Inc. and Prema Toy Inc. will pay the filing fees for you.
  1. Enforceability of Certain Provisions of the Dispute Resolution Section.  Notwithstanding Sub-Section c. through Sub-Section g., a claim regarding enforceability of any portion of Sub-Section b. and/or Sub-Section k. must be brought in federal or state court. Courts shall have the exclusive authority to determine: (i) the enforceability of any or all of the procedures set forth in Sub-Section b. and/or Sub-Section k.; and (ii) if any or all the procedures set forth in Sub-Section b. and/or Sub-Section k. are unenforceable, whether that or those procedures are severable from the remaining provisions of the Dispute Resolution Section and the consequences of said severance.  If the court determines that Sub-Section b. is enforceable, it will also decide whether the party seeking to arbitrate the Dispute complied with the process in Sub-Section b.
  1. You and Premavision Inc. and Prema Toy Inc. also agree to give up the ability to seek to represent, in a class action or otherwise, anyone but each of you and Dino Bones Productions, Inc., including in arbitration and in state or federal court.  Therefore:

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

  1. You understand there is no judge or jury in arbitration, and court review of an arbitration award is limited. An arbitrator must follow the dispute resolution process described in the Dispute Resolution Section. Subject to Sub-Section h, the arbitrator has exclusive authority to resolve all issues relating to the parties’ Dispute. The arbitrator will have the authority to grant motions dispositive of all or part of any claim. The arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief, or statutory damages); provided that they are recoverable under this Agreement. The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The award of the arbitrator is final and binding upon you and us.
  1. Related Cases and Mass Filings. If your Notice involves claims similar to those of at least 25 other customers, and if you and those other customers are represented by the same lawyers, or by lawyers who are coordinating with each other, or if Premavision Inc. and Prema Toy Inc. asserts 25 or more similar demands for arbitration or counterclaims against similarly-situated parties, within a period of 60 days or otherwise close in proximity, you and we agree that these claims will be related (“Related Cases”), and this shall be called a “Mass Filing.” The following procedures will apply to a Mass Filing:
    1. Acknowledgment of Related Cases Procedure. If you or Dino Bones Productions, Inc., or your or our counsel, files a demand for arbitration that has Related Cases, then you and we agree that the demand for arbitration shall be subject to the additional protocols set forth in this Sub-Section k.  If the parties disagree as to whether a series of filings fits within the definition of Mass Filing above, the arbitration provider shall resolve the disagreement. You and we also acknowledge that the adjudication of the dispute may be delayed and that any applicable statute of limitations shall be tolled from the time of filing of the demand for arbitration, and pending resolution of the proceedings described in this Sub-Section k.
    2. Bellwether Arbitrations. Bellwether proceedings are encouraged by courts and arbitration administrators where there are multiple disputes involving similar claims against the same or related parties. The parties shall select ten individual arbitration claims (five per side), designated the “Initial Test Cases,” to proceed to arbitration. Only the Initial Test Cases shall be filed with the arbitrator. All other claims shall be held in abeyance. This means that the filing fees will be paid only for the Initial Test Cases; for all other demands for arbitration, the filing fees (together with any arbitrator consideration of the other demands) will be in abeyance, and neither You nor Premavision Inc. and Prema Toy Inc. will be required to pay any such filing fees. You and Premavision Inc. and Prema Toy Inc. also agree that neither you nor we shall be deemed to be in breach of the Dispute Resolution Section for failure to pay any such filing fees, and that neither you nor we shall be entitled to any contractual, statutory, or other remedies, damages, or sanctions of any kind for failure to pay any such filing fees. If, pursuant to this subsection, a party files non-Bellwether Arbitrations with the arbitration provider, the parties agree that the arbitration provider shall hold those demands in abeyance and not refer them to the arbitrator pending resolution of the Initial Test Cases. Unless the claims are resolved in advance or the schedule is extended, the arbitrators will render a final award for the Initial Test Cases within 120 days of the initial pre-hearing conference.
    3. Global Mediation. Following the resolution of the Initial Test Cases, the parties agree to engage in a global mediation of all the remaining individual arbitration claims (“Global Mediation”), deferring any filing costs associated with the non-Initial Test Cases until the Initial Test Cases and subsequent Global Mediation have concluded. After the final awards are provided to the mediator in the Initial Test Cases, the mediator and the parties shall have 90 days to agree upon a substantive methodology and make an offer to resolve the outstanding cases. If the Parties are unable to resolve the outstanding claims during the Global Mediation, the unresolved Disputes may then be administered by the arbitration provider pursuant to this Agreement’s Batch Arbitration provision below and the arbitrator’s fee schedule for mass filings, unless the parties mutually agree otherwise in writing. You and we also acknowledge that any applicable statute of limitations shall be tolled pending resolution of the Bellwether Arbitration and Global Mediation process.
    4. Batch Arbitration. To increase the efficiency of administration and resolution of arbitrations, you and Premavision Inc. and Prema Toy Inc. agree that in the event the Bellwether Arbitration and Global Mediation processes described above do not resolve the Disputes, the arbitration provider will (1) administer the remaining arbitration demands in batches of 50 demands per batch; (2) appoint one arbitrator for each batch; and (3) provide for the resolution of each batch as a single consolidated arbitration with one set of filing and administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award (“Batch Arbitration”). The final award will provide for individual merit decisions for each separate claimant within the single batch arbitration award. If the arbitration provider will not administer the Batch Arbitration with one set of filing and administrative fees due per side per batch, then the arbitration provider’s mass arbitration fee schedule shall apply. AAA’s mass arbitration fee schedule is available on its website at www.adr.org/rules.  For mass arbitrations before any other arbitration provider, if applicable, you and Premavision Inc. and Prema Toy Inc. agree that its mass arbitration fee schedule shall apply, as necessary.
    5. Opting Out. If your claim is not resolved as part of the Bellwether Arbitration and Global Mediation process outlined above, the parties shall also have the opportunity to opt out of arbitration and bring the pending Dispute to the state or federal courts located in New York City, unless mandated by law to be filed in another state or federal court. The parties have 30 days of the failed Global Mediation process to opt out. This shall not provide an opportunity for either party to opt out of arbitration for other claims. You may opt out of arbitration by providing written notice of your intention to opt out to the arbitration provider and to Fox Corporation, Attention Arbitration Opt-Out, 2121 Avenue of the Stars, Suite 1200, Los Angeles, California, 90067 via USPS Priority Mail or hand delivery, by email to Arbitration-OptOut@fox.com, or by notice to the attorney representing Premavision Inc. and Prema Toy Inc. in the arbitration proceeding. This written notice must be signed by you, even if it is also signed by your attorney. The written notice cannot be signed by an agent or other representative of yours in lieu of your signature. It must include a statement that you wish to opt out of arbitration within 30 days after the conclusion of the Global Mediation process. Premavision Inc. and Prema Toy Inc. may exercise its equivalent opt-out right by sending written notice to you or your attorney, agent, or representative if you are represented.
    6. Enforcement of Subsection. A Court of competent jurisdiction shall have the power to enforce Sub-Section k, including by injunctive, declaratory, or other relief.
  1. Live Testimony. You must appear to testify at any arbitration hearing personally, virtually, or in another manner authorized by law or the arbitration provider.  You agree that if you fail to appear in one of these forms to testify, you consent to have the arbitrator order that the case be closed immediately.
  1. Discovery and Information Exchange. Regardless of how the arbitration proceeds, each of you and Premavision Inc. and Prema Toy Inc. shall cooperate in good faith in the exchange of non-privileged documents and information as necessary in accordance with the arbitration provider’s rules.
  1. Attorney’s Fees and Fee Shifting.  Each of you and Premavision Inc. and Prema Toy Inc. may incur attorneys’ fees during the arbitration. Each side agrees to pay his, her or its own attorneys’ fees unless the claim(s) at issue permit(s) the prevailing party to be paid its attorneys’ fees, and in such instance, the fees awarded shall be determined by the applicable law(s).
  1. Restrictions on Forms of Relief. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief, only to the extent necessary to provide relief warranted by that party’s individual claim, only as permitted by applicable law, and only to the extent that declaratory and injunctive relief are permitted by this Agreement. The arbitrator shall have no authority to award punitive, exemplary, multiplied or consequential damages or any other relief except those allowed under the law and this Agreement, including the Limitation of Liability section’s provisions. The arbitrator also may not order you or Premavision Inc. and Prema Toy Inc. to pay any monies to or take any actions with respect to persons other than you or fts, respectively, unless you or fts explicitly consents in advance, after an arbitrator is selected, to permit the arbitrator to enter such an order, as applicable. Further, unless you and Premavision Inc. and Prema Toy Inc. expressly agree, or subject to the provisions of Sub-Section k. above, the arbitrator may not consolidate other persons’ claims with yours or ours, and may not otherwise preside over any form of a representative, multi-claimant or class proceeding.
  1. Confidentiality. You and Premavision Inc. and Prema Toy Inc. agree to maintain the confidential nature of the arbitration proceeding and shall not disclose the fact of the arbitration, any documents exchanged as part of any mediation, proceedings of the arbitration, the arbitrator’s decision and the existence or amount of any award, except as may be necessary to prepare for or conduct the arbitration (in which case anyone becoming privy to confidential information must undertake to preserve its confidentiality), or except as may be necessary in connection with a court application for a provisional remedy, a judicial challenge to an award or its enforcement, an order confirming the award, or unless otherwise required by law or court order. In keeping with the confidential nature of the arbitration, you and Premavision Inc. and Prema Toy Inc. agree that an order confirming the award is only necessary if the obligations of the award have not been performed. Therefore, before taking any steps to confirm the arbitration award, the party seeking confirmation of the award must give the other party notice of its intention to confirm the award. If the party who would be the respondent in any such confirmation proceeding performs its obligation under the terms of the arbitration award within 15 business days of such notice, the party who gave notice of its intent to confirm the award shall not seek to confirm or otherwise enforce the award.
  1. Severability of Portions of the Dispute Resolution Section. With the exception of Sub-Section i and Sub-Section k (i.e., the waiver of the ability to proceed on behalf of multiple claimants or a purported class and the Mass Filing procedure), if any part of the Dispute Resolution Section is deemed invalid, unenforceable, or illegal, then the balance of the Dispute Resolution Section shall remain in effect and be construed in accordance with its terms as if the invalid, unenforceable, or illegal provision were not contained. If, however, either or both Sub-Section i or/and Sub-Section k is found invalid, unenforceable or illegal, then the remainder of the Dispute Resolution Section and this paragraph shall be null and void, but the rest of this Agreement, including the provisions governing in which court actions against Premavision Inc. and Prema Toy Inc. must be pursued and the choice of governing law will remain in effect and apply to any claim that, for this or any other reason, proceeds in court rather than in arbitration.
  1. Court Proceedings. If a court issues a decision precluding or refusing to compel arbitration of any Dispute, the Dispute must be brought in the state or federal courts located in New York City, unless otherwise mandated by law to be filed in another state or federal court. For Disputes deemed not to be subject to arbitration, neither you nor Premavision Inc. and Prema Toy Inc. shall be precluded from participating in a class-wide settlement of those claims if brought by another Dino Bones Productions, Inc. user or third party.

Governing Law

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

Except with respect to Disputes to be resolved through an arbitration process in accordance with the Arbitration Agreement contained above, you and Dino Bones, Inc. agree to submit to the exclusive jurisdiction of the courts located in New York, New York to resolve any Dispute arising out of the Agreement or the Company Services.  YOU HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT.

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

Changes to These Terms of Use

Premavision Inc. and Prema Toy Inc. reserves the right to change these Terms of Use at any time by posting new Terms of Use at this location. You can send e-mail to Premavision Inc. and Prema Toy Inc. with any questions relating to these Terms of Use through our contact form.