TERMS OF USE

Fox Nation Terms of Use Agreement

Effective Date: 4/19/2024

PLEASE CAREFULLY READ THESE TERMS OF USE, ALONG WITH THE PRIVACY POLICY AND OTHER POLICIES OR AGREEMENTS REFERENCED IN THESE TERMS OF USE, BEFORE USING THE “FOX NATION SERVICES” (AS DEFINED BELOW). PLEASE NOTE THAT THE “ARBITRATION AGREEMENT” IN SECTION 13 BELOW CONTAINS PROVISIONS THAT REQUIRE, WITH LIMITED EXCEPTIONS: (i) ALL DISPUTES ARISING BETWEEN YOU AND FOX UNDER THIS AGREEMENT TO BE RESOLVED IN BINDING ARBITRATION, AND NOT IN COURT AND (ii) YOU AND FOX WAIVE THE RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION IN CONNECTION WITH SUCH DISPUTES. PLEASE CLICK HERE TO REVIEW THE ARBITRATION AGREEMENT. BY USING FOX NATION SERVICES, YOU UNCONDITIONALLY AGREE TO BE BOUND BY THESE TERMS OF USE, INCLUDING THE ARBITRATION AGREEMENT. PLEASE READ IT CAREFULLY.

 

1. Description of Service and Acceptance of Terms

Fox News Network, LLC (“Fox,” “we” or “us”) has developed this Terms of Use Agreement (“Agreement”) to describe the terms that govern your use of the Fox Nation Services (defined below). Fox is based in the United States.

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

Your use of the Fox Nation Services (including access to the Content) is conditioned on your compliance with this Agreement, which incorporates by reference our Privacy Policy ("Privacy Policy") and any end user license agreement that might accompany the Services. Your use of certain products offered through the Fox Nation Services may require you to accept additional terms and conditions that apply to those products in addition to this Agreement. In the event of a conflict or inconsistency between those additional terms and this Agreement, those additional terms will prevail with respect to your use of that particular product.

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

IMPORTANT NOTICE REGARDING DISPUTE RESOLUTION: BY USING THE FOX NATION SERVICES AND/OR THE ACCESS POINTS, 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 13 BELOW.  YOU AND FOX WAIVE THE RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION IN CONNECTION WITH SUCH DISPUTES. PLEASE REVIEW CAREFULLY THE ARBITRATION SECTION 13 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).

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

 

2. Changes to This Agreement

We may need to make changes to this Agreement from time to time for many reasons. For example, we may need to reflect updates in how the Services work or changes in the law. You should look at this Agreement regularly. It is posted on the Fox Nation website here. In addition, you can access this Agreement when you are logged into Fox Nation Services. If we make a material change to this Agreement, we may notify you by sending an email to the email address you most recently provided to us prior to the material change taking effect. Therefore, it is important that you keep your account information, including email address, updated. Any material change to this Agreement will be effective automatically 10 days after the revised Agreement is first posted or, for users who register or otherwise provide opt-in consent during this 10-day period, at the time of registration or consent, as applicable, unless the law requires us to make the change effective sooner.

Your continued use of the Fox Nation Services following any modification constitutes your acceptance of and agreement to be bound by this Agreement as so modified.

 

3. Access and Use of the Services

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

3.2 Age Limitations. The Fox Nation Services are not intended to be used by children without involvement and approval of a parent or guardian. If you are under the age of 13, you are not permitted to register with Fox or provide your personal information to Fox. If you are at least 13 and under 18 years of age (or under the applicable age of majority in your state or territory of residence), you may register with the Fox Nation Services only if you have the consent of your parent or guardian, including consent to this Agreement on your behalf. If you subscribe to Fox and wish to create subprofiles (if available) under your subscription, you must ensure all users of such subprofiles are 18 years of age or older (or the applicable age of majority in your state or territory of residence).

3.3 Your License. Fox grants you a non-exclusive limited license to use the Services, including accessing and privately viewing the Content on a streaming, temporary download (if available), or other bases through the Video Player, for personal, non-commercial purposes only as set forth in this Agreement. The periods during which you can view each piece of Content will vary based on the rights available for such Content and the terms of your subscription. You shall not interfere (or permit the use of your subscription by a third party to interfere) or attempt to interfere with the operation or use of Fox Nation Services by other members in any way through any means or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or any other means expressly prohibited by any provision of this Agreement. You understand that some of the Content that is available on the Services may be protected by security technology, and you agree not to circumvent, disable, disassemble, remove, alter, deactivate, degrade or otherwise tamper with such security technology. Fox may, in its sole discretion, and at any time, with or without notice, suspend, disable or terminate your subscription (free or paid), and/or access to all or any part of the Services at any time, with or without prior notice, for any reason or no reason at all, without liability. If we disable your subscription, you agree that you will not create another one or otherwise try to access the Services without our permission. You agree not to sell, transfer or assign your subscription or any subscription rights.

3.4 The Content

Content Subjectivity. Content tends to elicit varying reactions among different people. As is true for many websites and content platforms, you may come across Content that you find offensive, indecent, explicit or objectionable. Also, Content types, genres, categories, and descriptions are provided as suggestions to help with navigation, and Fox does not guarantee that you will agree with them. You acknowledge and voluntarily accept these risks.

Content Quality. Fox uses various technologies to provide you with an optimal viewing experience. That said, quality of Content, including resolution, may be affected by the format of the Content, your location, the speed and bandwidth of your internet service, and the devices used, among other factors. HD and 4K Ultra HD availability for certain Content depends on your internet service and device capabilities. The time it takes you to begin playing Content will vary based on a number of factors, including your location, internet bandwidth, the number of devices simultaneously connecting to the same network, the Content you have selected, and the configuration of the device you are using. As a result, Fox is unable to make any warranties about the Content in these respects.

3.5 Limited Content License. The Fox Nation Services contain information, text, files, images, video, sounds, musical works, works of authorship, materials, applications, software, product names, company names, trade names, logos, designs, and any other materials or content of Fox and/or its parents, subsidiaries, or affiliates (“Fox Affiliates”) and their licensors and assignors (collectively, the "Fox Content"), and it may contain materials and Content provided by users (“User Content”) or other third-parties. Fox Content contained in the Fox Nation Services is protected by copyright, trademark, patent, trade secret and other laws and, as between you and Fox, its licensors, or its assignors, Fox or Fox Affiliates owns and retains all rights in and to the Fox Content and Fox Nation Services. Fox hereby grants you a limited, revocable, nonsublicensable, nontransferable license, to access and privately display or perform the Fox Content (excluding any software code) solely for your personal, non-commercial use, in connection with using the Fox Nation Services. Except as provided in this Agreement, you may not copy, download, stream capture, reproduce, duplicate, archive, upload, modify, translate, publish, broadcast, transmit, retransmit, distribute, perform, display, sell, frame or deep-link, make available or otherwise use any Content contained in or through the Fox Nation Services.

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

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

You will not use the Fox Content or User Content available on or through the Fox Nation Services - inclusive of text, photographs, images, audio/video clips, “look and feel,” metadata, or compilations of the Fox Nation Services and/or User 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.

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

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

3.8 Compatible Devices. In order to access the Services, you will need to use a computer, mobile device, streaming media player, or other device that meets the system and compatibility requirements that we establish from time to time (each, a “Compatible Device”). Features and functionalities that we make available through the Services may differ by Compatible Device. Please click here for a current list of Compatible Devices. You may have up to four (4) Compatible Devices simultaneously logged into active sessions associated with your subscription.

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

3.10 Ownership. You agree that Fox owns and retains all rights to the Services. You further agree that the Content you access and view as part of the Services is owned, licensed and/or controlled by Fox. The Services and the Content are protected by copyright, trademark, and other intellectual property laws. Nothing contained in this Agreement or on the Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Content in any manner not expressly contemplated herein without the prior written consent of Fox or such third party that may own the Content or intellectual property displayed on the Services. UNAUTHORIZED USE, COPYING, REPRODUCTION, MODIFICATION, PUBLICATION, REPUBLICATION, UPLOADING, FRAMING, DOWNLOADING, POSTING, TRANSMITTING, DISTRIBUTING, DUPLICATING OR ANY OTHER MISUSE OF ANY OF THE CONTENT IS STRICTLY PROHIBITED. Any use of the Content other than as permitted by this Agreement will violate this Agreement and may infringe upon our rights or the rights of the third party that owns the affected Content. You agree to report any violation of this Agreement by others that you become aware of. You are advised that Fox will aggressively enforce its rights to the fullest extent of the law.

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

Fox does not knowingly accept, via the Fox Nation Services or otherwise, unsolicited submissions including, without limitation, submissions by you of blog ideas, articles, scripts, story lines, fan fiction, characters, drawings, information, suggestions, proposals, ideas or concepts. Fox requests that you do not make any unsolicited submissions. Any similarity between an unsolicited submission and any elements in any Fox or Fox Affiliate creative work, including without limitation, a film, series, story, title or concept would be purely coincidental. If you do send any submissions to Fox via the Fox Nation Services that are unsolicited (including but not limited to any Fox message board or forum), however, you agree that (i) your unsolicited submissions are not being made in confidence or trust and that by making such submissions, no contractual or fiduciary relationship is created between you and Fox; (ii) any such unsolicited submissions and copyright becomes the property of and will be owned by Fox (and are not User Content licensed by you to Fox under “Your Proprietary Rights in and License to Your User Content”) and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as Fox sees fit; (iii) you are not entitled to any compensation, credit or notice whatsoever in connection with such unsolicited submissions; and (iv) by sending an unsolicited submission, you waive the right to make any claim against Fox or Fox Affiliates relating to any unsolicited submissions by you, including, without limitation, unfair competition, breach of implied contract or breach of confidentiality.

3.12 Software Downloads. In order to participate in the Fox Nation Services or access certain Content, you may be notified that it is necessary to download software or other materials or agree to additional terms and conditions. Unless otherwise provided by these additional terms and conditions, they are hereby incorporated into this Agreement.

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

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

 

4. Subscriptions and Billing

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

4.1 Subscriptions. We charge a subscription fee to access the Fox Nation Services. You can find the specific details regarding your subscription at any time by logging in to Fox Nation Services and viewing your subscription details. Because the Services are offered in multiple time zones, for consistency, a “day” for purposes of this Agreement begins at 12:00 a.m. Eastern Time and ends at 11:59 p.m. Eastern Time of that same calendar day. Subscription fees are non-refundable. If you are a member of the Fox News Founders Program, then after your original subscription expires, it will automatically renew for additional one-year periods at the then-current rates, unless you cancel before the renewal. If you are not a member of the Fox News Founders Program, then after your original subscription expires, it will automatically renew for additional periods equal in length to the original subscription period, unless you cancel before the renewal, and the cost of the renewal will be at the then-current rates. If you don't want your subscription to renew, you can cancel it before the renewal by logging into your account and following the cancellation instructions that are provided. If you cancel your subscription, you will still have access to the Fox Nation Services for the remainder of time you have already paid for.

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

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

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

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

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

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

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

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

4.4 HOW TO CANCEL YOUR SUBSCRIPTION

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

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

4.5 Unpaid Amounts. It is important that each subscriber honor the payment obligations to which the subscriber agreed. Accordingly, we reserve the right to permit the Payment Service to retry billing your Payment Method after failed attempts (e.g., if your Payment Method is rejected). We also reserve the right to permit the Payment Service or another third party to pursue any amounts you fail to pay in connection with your subscription. You will remain liable for all such amounts and all costs incurred in connection with the collection of these amounts, including, without limitation, bank overdraft fees, collection agency fees, reasonable attorneys' fees, and arbitration or court costs.

4.6 Free Trials. On occasion, we may offer free trials to Fox Nation Services for certain qualifying users. If we offer you a free trial, the specific terms of your free trial will be stated in the material describing the particular free trial or during your sign-up. Certain limitations may exist with respect to combining free trials with any other offers. Fox reserves the right to determine eligibility for free trials.

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

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

 

5. Accounts and Registration

You are responsible for all uses of your account, including use of your account by other members of your household. By allowing others to access your account or to create profiles within your account, you agree to be responsible for ensuring that they comply with this Agreement and you agree to be responsible for their activity using the Services.

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

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

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

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

If we terminate your user Fox Nation Services subscription and/or access to the Fox Nation Services (or any portion of the Fox Nation Services), you may not create a new account, purchase a new subscription or try to access the Fox Nation Services without Fox's prior written approval. You agree that your account and/or subscription is non-transferable. Any rights to your account and/or Fox Nation Services terminate upon your death.

 

6. Forums and Public Communications

As a convenience to its visitors, Fox may provide, from time to time and at its sole discretion, one or more chat areas, message boards, bulletin boards, e-mail functions, instant messaging service, voice-mail, and other interactive areas as part of the Fox Nation Service (collectively, the “Forums”). For clarification, in the event you access one of these Forums using an account associated with a Fox Affiliate, the terms of this section will still govern and control the use of the Forums. Forums are provided by Fox to you and others subject to this Agreement, the “Community Guidelines” (as defined below), the Privacy Policy, and other rules that may be published from time to time by Fox in its sole discretion. The individual who posts messages, content or other information in the Forums (such content shall be included in the definition of User Content hereunder) is responsible for the reliability, accuracy, and truthfulness of such content, and Fox has no control over the same. Additionally, Fox has no control over whether any such User Content is of a nature that users will find offensive, distasteful or otherwise unacceptable and expressly disclaims any responsibility for such material.

Fox does not endorse the User Content in the Forums and specifically disclaims any responsibility or liability to any person or entity (including, without limitation, persons who may use or rely on such material) for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character based upon or resulting from any User Content provided through a Forum.

Fox does not and cannot review every message posted by users in the Forums, and is not responsible for the content of these messages or the views or opinions expressed by the users of the Forums. Information disclosed in the Forums is revealed to the public by design. Fox reserves the right, but not the obligation, to delete, move or edit User Content, in whole or in part for any reason in Fox’s sole discretion. In addition, Fox may delete, move, edit or disclose User Content when it is required to do so by law or in a good faith belief that such action is necessary to protect and defend the rights and property of Fox or to protect the safety of our users or the public. In no event does Fox assume any obligation to monitor the Forums or remove any specific material.

You understand that the uploading to and/or posting of any User Content in any Forum shall not be subject to any obligation of confidence on the part of Fox, and Fox shall not be liable for any use or disclosure of any User Content. In consideration for your use of the Forums and functionality, you agree to comply with the “Community Guidelines” set forth below. Without limiting Fox’s other rights and remedies, individuals who violate the following Community Guidelines may, at Fox’s sole discretion, be banned from using the Forums and/or the Service entirely.

Registration and Acceptance of Community Guidelines

In consideration for your use of the Forums, you agree to (i) comply with this Agreement and the “Community Guidelines” set forth below. Users who violate this Agreement, the Community Guidelines, or provide inaccurate, false, or non-current information may, at Fox’s sole discretion, have their account suspended or terminated, and may be permanently banned from using any Forum or the Service.

ENTERING ANY FORUM WILL CONSTITUTE ACCEPTANCE OF THIS AGREEMENT AND YOUR COMPLIANCE WITH THE FOLLOWING GUIDELINES (THE “COMMUNITY GUIDELINES”) FOR USE OF THE FORUMS. IF YOU DO NOT AGREE TO ABIDE BY THESE TERMS OF USE OR THE COMMUNITY GUIDELINES, PLEASE DO NOT ENTER ANY FORUM.

Guidelines for Use of the Forums

You are entirely responsible and liable for all activities conducted by you and any authorized user of your account in the Forums, including the transmission, posting, or other provision of User Content. Listed below are some, though not all, violations that may result in Fox terminating or suspending your access to a Forum. You agree not to do any of the following actions while using any Forum:

1. Harass, threaten, embarrass or cause distress or discomfort upon another Forum participant, user, or other individual or entity;
2. Transmit any User Content in any Forum that Tribeca considers to be disruptive, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, racially, ethnically or otherwise objectionable;
3. Cause any chat room screen in any chat room to “scroll” faster than other users are able to type to it or any action of a similar disruptive effect;
4. Misrepresent yourself, your age or your affiliation with any person or entity, impersonate in any Forum any person or entity, including but not limited to, a Fox official, chat or message board leader, guide or host, or make false or misleading statements;
5. Disrupt the normal flow of dialogue in a Fox chat room or otherwise act in a manner that negatively affects other participants;
6. Post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation in the Forums;
7. Intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to any regulations having the force of law while using or accessing any Forum;
8. Invade the privacy or violate any personal or proprietary right of any person or entity;
9. Infringe the intellectual property rights or similar rights, including but not limited to copyrights and trademarks, of any person or entity;
10. Use the Service in any manner that could damage, impair, disable, overburden or harm the Service or circumvent the intended functionality of the Service;
11. Collect information identifying users of the Service by electronic or other means without authorization from the person(s) affected;
12. Upload, post, transmit, send, share, store, distribute or otherwise make available on the Service any private or sensitive information or content about any third party, including, addresses, phone numbers, e-mail addresses, Social Security numbers and credit card numbers; and
13. Upload, post, transmit, send, share, store, distribute, or otherwise make available any viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or other electronic or telecommunications equipment.

By posting or uploading User Content to the Service, any Forum or submitting any other User Content to Fox, you automatically grant (or warrant that the owner of such rights has expressly granted) Fox a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and license to reproduce, modify, adapt, publish, publicly perform, translate, sub-license, create derivative works from, exploit, distribute and otherwise use such materials or incorporate such User Content in or in connection with the Service or by or in any other media or technology now known or later developed throughout the universe in perpetuity. In addition, you represent and warrant that any and all User Content you upload, post, transmit, send, share, store, distribute, or otherwise make available on the Service complies with each of the foregoing Community Guidelines.

You are solely responsible for your interactions with other users of the Services. We reserve the right, but have no obligation, to monitor disputes between you and other users.

 

7. Collection and Use of Personal Information

For information about Fox's policies and practices regarding the collection and use of your information, please read Fox Nation's Privacy Policy. The Privacy Policy is incorporated by reference and made part of this Agreement. Thus, by agreeing to this Agreement, you agree that your use of or presence on the Fox website, application and other places where any Services are available and use of the Fox Nation Services through any other Access Point are governed by the Fox Nation Privacy Policy in effect at the time of your use.

You acknowledge, consent and agree that Fox may access, preserve or disclose information you provide to or through the Fox Nation Services or that we have collected about you, including registration information and User Content, when Fox has a good faith belief that such access, preservation or disclosure is necessary in order to: (i) protect, enforce, or defend the legal rights, privacy, safety, or property of Fox, our parents, subsidiaries or affiliates, or their employees, agents and contractors (including enforcement of this Agreement or our other agreements); (ii) protect the safety, privacy, and security of users of the Fox Nation Services or members of the public, including in urgent circumstances; (iii) protect against fraud or for risk management purposes; (iv) comply with Applicable Law or legal process; or (v) respond to requests from public and government authorities. If Fox sells all or part of its business or makes a sale or transfer of its assets or is otherwise involved in a merger or transfer of all or a material part of its business, Fox may transfer your information to the party or parties involved in the transaction as part of that transaction.

 

8. Third Party Advertisements and Services

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

 

9. Trademarks

Fox, the Fox logo, and other Fox marks, graphics, logos, scripts, and sounds are trademarks of Fox. None of the Fox trademarks may be copied, downloaded, or otherwise exploited.

 

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

10.1 Disclaimer of Warranties

THE FOX NATION SERVICES ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND FOX DOES NOT GUARANTEE OR PROMISE ANY SPECIFIC RESULTS FROM USE OF OR CONTINUOUS AVAILABILITY OF THE FOX NATION SERVICES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FOX EXPRESSLY DISCLAIMS ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND WARRANTIES IMPLIED FOR A COURSE OF PERFORMANCE OR COURSE OF DEALING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, FOX MAKES NO WARRANTY THAT YOUR USE OF THE FOX NATION SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS TO THE FOX NATION SERVICES WILL BE CORRECTED, THAT THE FOX NATION SERVICES OR THE SERVERS ON WHICH THEY ARE AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY INFORMATION OBTAINED BY YOU ON, THROUGH OR IN CONNECTION WITH THE FOX NATION SERVICES OR THIRD-PARTY SERVICES (INCLUDING, BUT NOT LIMITED TO, THROUGH USER CONTENT OR THIRD-PARTY ADVERTISEMENTS) WILL BE ACCURATE, RELIABLE, TIMELY OR COMPLETE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FOX OR OUR FOX AFFILIATES WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF DATA, PROPERTY DAMAGE, PERSONAL INJURY OR DEATH) RESULTING FROM USE OF THE FOX NATION SERVICES, PROBLEMS OR TECHNICAL MALFUNCTION IN CONNECTION WITH USE OF THE FOX NATION SERVICES, ATTENDANCE AT AN FOX EVENT, ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED IN CONNECTION WITH THE FOX NATION SERVICES, ANY USER CONTENT, ANY THIRD-PARTY ADVERTISEMENT OR THIRD-PARTY SERVICE TRANSMITTED ON, THROUGH OR IN CONNECTION WITH THE FOX NATION SERVICES, OR THE CONDUCT OF ANY USERS OF THE FOX NATION SERVICES, WHETHER ONLINE OR OFFLINE. YOUR USE OF USER CONTENT, THIRD-PARTY ADVERTISEMENTS, THIRD-PARTY SERVICES AND THE GOODS OR SERVICES PROVIDED BY ANY THIRD-PARTIES IS SOLELY YOUR RESPONSIBILITY AND AT YOUR OWN RISK.

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

10.2 Limitation on Liability

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE COMPANY SERVICES DURING THE TERM OF YOUR USE OF THE COMPANY SERVICES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COMPANY WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OTHER THAN THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE COMPANY SERVICES DURING THE TERM OF YOUR USE OF THE COMPANY SERVICES, INCLUDING ANY OTHER GENERAL, DIRECT, INDIRECT, COMPENSATORY, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, AND INCLUDING, WITHOUT LIMITATION, LOST PROFIT DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE COMPANY SERVICES. 

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

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

10.3 Indemnity

You agree to indemnify and hold Fox, its Fox Affiliates, subcontractors and other partners, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including, but not limited to, reasonable attorneys' fees, made by any third-party due to or arising out of or in connection with YOUR BREACH OF YOUR REPRESENTATIONS, WARRANTIES, COVENANTS OR AGREEMENTS HEREUNDER; YOUR VIOLATION OF THESE TERMS OF USE OR ANY LAW; YOUR USE OF THE SERVICES AND/OR THE CONTENT IN VIOLATION OF THESE TERMS OF USE; INFORMATION OR CONTENT POSTED OR TRANSMITTED THROUGH YOUR AUTHORIZED DEVICE OR ACCOUNT, EVEN IF NOT SUBMITTED BY YOU, THAT INFRINGES ANY COPYRIGHT, TRADEMARK, TRADE SECRET, TRADE DRESS, PATENT, PUBLICITY, PRIVACY OR OTHER RIGHT OF ANY PERSON OR ENTITY OR DEFAMES ANY PERSON OR ENTITY; AND ANY MISREPRESENTATION MADE BY YOU. YOU WILL COOPERATE AS FULLY AND AS REASONABLY REQUIRED IN FOX’s DEFENSE OF ANY CLAIM. FOX RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND YOU SHALL NOT IN ANY EVENT SETTLE ANY SUCH MATTER WITHOUT THE WRITTEN CONSENT OF FOX.

 

11. Removal of Material that Infringes Copyrights

Fox respects the intellectual property of others and requires that our users do the same. Fox has a policy that provides for the termination in appropriate circumstances of users and subscription holders of Fox Nation Services who are repeat infringers. Fox also reserves the right to remove or disable access to any transmission of Content that infringes the copyright of any person under the laws of the United States upon receipt of a notice that substantially complies with the requirements of 17 U.S.C. § 512(c)(3) as set forth above.

If you believe materials on the Fox Nation Services infringes your copyright.

If you believe that any materials residing on or linked to from Fox Nation Services infringes your copyright, you must send a written notification of claimed infringement that contains substantially all of the following information to the Fox Copyright Agent: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit Fox to locate the material on the Fox Nation Services (such as the URL(s) of the claimed infringing material); (c) information reasonably sufficient to permit Fox to contact you, such as an address, telephone number, and an email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or Applicable Law; (e) a statement by you that the above information in your notification is accurate and a statement by you, made under penalty of perjury, that you are the owner of an exclusive right that is allegedly infringed or are authorized to act on the owner's behalf; and (f) your physical or electronic signature. Fox's Copyright Agent for notification of a claimed infringement can be reached as follows: Copyright Agent, Lesley West, 1211 Avenue of the Americas, New York NY 10036, [email protected].

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

 

12. Third-Party Links and Services

The Fox Nation Services may provide, or third-parties may provide, links to other websites, apps, resources or other services created by third parties (collectively, "Third-Party Services"). When you engage with a Third-Party Service, you are interacting with the third-party, not with Fox. If you choose to use a Third-Party Service and share information with it, the Third-Party Services may use and share your information in accordance with the Third-Party Service's privacy policy and your privacy settings on such Third-Party Service. In addition, the third-party providing the Third-Party Service may use other parties to provide portions of the apps or service to you, such as technology, development or payment services. Fox is not responsible for and makes no warranties, express or implied, as to the Third-Party Services or the providers of such Third-Party Services (including, but not limited to, the accuracy or completeness of the information provided by such Third-Party Service or the privacy practices thereof). Inclusion of any Third-Party Service or a link thereto on the Fox Nation Services does not imply approval or endorsement of the Third-Party Service. Fox is not responsible for the content or practices of any websites other than the Fox Nation Services that link to this Agreement, even if the website links to the Fox Nation Services and even if it is operated by a Fox Affiliate or a company otherwise connected with Fox. By using the Fox Nation Services, you acknowledge and agree that Fox is not responsible or liable to you for any content or other materials hosted and served from any website, mobile site or app other than Fox Nation Services. When you access Third-Party Services, you do so at your own risk. Fox encourages you not to provide any personally identifiable information to or through any Third-Party Service unless you know and are comfortable with the party with whom you are interacting.

 

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

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

a. Dispute.  The term “Dispute” is to be given the broadest possible meaning that will be enforced, and shall include any dispute, claim, demand, count, cause of action, or controversy between you and Fox, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, or any other intentional tort), or any other legal or equitable theory. The term “Dispute” specifically includes, but is not limited to, any disputes, actions, claims, or controversies between you and Fox that arise from or in any way relate to or concern any Content, the Site or services provided by Fox including but not limited to the Fox Nation Services (as defined above), this Section 13, any other aspect of this Agreement or any prior versions of this Agreement (including their applicability and their conformance to applicable law), and any disputes relating to telephonic, text message, or any other communications either of us received from the other. The only exceptions to this Section 13 are that: (i) each of you and Fox retains the right to sue in small claims court; (ii) each of you and Fox may bring suit in court against the other to enjoin infringement or other misuse of intellectual property rights; and (iii) each of you and Fox may bring suit in court to determine the enforceability of Sub-Section 13.b. and/or Sub-Section 13.k.

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

i. Notice. You or Fox must first send to the other a written Notice of Dispute (“Notice”) that sets forth the name, address, and contact information of the party giving notice, the specific facts giving rise to the Dispute, the Fox Nation Service to which the Notice relates, and the relief requested, including damages, if any, and a detailed calculation for them. Your Notice also must contain your email address and (if different) the email address associated with your Fox account (if you have an account with Fox). Our Notice must also be sent to your email address associated with your Fox account (if you have an account with Fox), and you consent to receive any such Notice as part of these dispute resolution terms. You and we must include in any Notice to each other a personally signed statement (from you or us—not from your or our counsel) verifying the accuracy of the contents of the Notice, and if you are represented by counsel, your signed statement authorizing Fox to disclose your Fox account details to your attorney while seeking to resolve your claim. We each must individualize our Notice, meaning it can concern only our Dispute and no other person’s Dispute. You must send your Notice to Fox by email to [email protected] 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.

ii. Good Faith Effort to Informally Resolve Dispute. After receipt of a completed Notice, the parties shall engage in a good faith effort to resolve the Dispute for a period of 60 days (which can be extended by agreement). You and Fox agree that, after receipt of the completed Notice, the recipient may request an individualized telephone or video settlement conference and both parties will personally attend (with counsel, if represented). You and Fox agree that the parties (and counsel, if represented) shall work cooperatively to schedule the conference at the earliest mutually convenient time and to seek to reach a resolution. If you and Fox do not reach an agreement to resolve the issues identified in the Notice within 60 days after the completed Notice is received (or a longer time if agreed to by the parties), you or Fox may commence a proceeding as noted below.

c. Arbitration Agreement.  If you and we do not resolve the Dispute within 60 days of the submission of the Notice in accordance with the Informal Dispute Resolution Procedures, Fox, including Fox Affiliates, agents, employees, predecessors in interest, successors, and assigns, and you agree that any Dispute between you and Fox, regarding any aspect of your relationship with Fox, will be resolved in a binding, confidential, individual and fair arbitration process, and not in court, subject to the exceptions noted in Sub-Section 13.g. below. Thus, subject to those exceptions, you and Fox agree to give up the right to sue in court, including that you and Fox agree to waive their right to a jury trial. 

d. Controlling Law Regarding Arbitration Process and Agreement to Arbitrate.  This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1–16, governs the interpretation and enforcement of the provisions in Section 13 related to the arbitration process. The agreements in Section 13 shall survive termination of the Agreement. Any original action to compel arbitration under Section 4 of the FAA (or analogous state law) must be brought in a state or federal court located in New York City, unless mandated by law to be filed in another state or federal court. If the FAA is found to not apply to any issue regarding the interpretation or enforcement of the parties’ agreement to arbitrate, then that issue shall be determined by the laws of the State of New York. Any arbitration between you and Fox will be administered by the American Arbitration Association (“AAA”) pursuant to their then-applicable rules, including their mass arbitration supplementary rules and mass arbitration fee schedule, as applicable, as modified by Section 13. 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 13.k. below, the arbitration shall be conducted by a single, neutral arbitrator. If you and Fox cannot agree on an arbitrator, the arbitrator will be appointed pursuant to the AAA’s rules.

e. Alternative Arbitration Provider.  If AAA is not available to arbitrate, including because it is not able to administer the arbitration(s) consistent with the rules, procedures, and terms of Section 13, including those described in Sub-Section 13.k., the parties will select an alternative arbitration provider. If the parties cannot agree on an appropriate alternative arbitration provider, then the parties will ask a court of competent jurisdiction to appoint an arbitrator pursuant to 9 U.S.C. § 5 that is able to administer the arbitration(s) consistent with the rules, procedures, and terms of this Section 13, including, as applicable, Sub-Section 13.k. Section 13 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.

f. Filing Fee and Costs. The initiating party must pay all filing fees for the arbitration. Your and Fox’s responsibility to pay other administrative and arbitrator costs will be as set forth in the applicable arbitration provider’s rules, unless the arbitrator determines the claims are frivolous. If a claim is determined to be frivolous, the claimant is responsible for reimbursing the respondent for its portion of all such administrative, hearing, and/or other fees incurred as a result of the frivolous claim.

g. Waiver of Fees and Costs.  You may qualify for a waiver of certain arbitration costs under the applicable arbitration provider’s rules or other applicable law. If you meet the standard for proceeding in forma pauperis in federal court, the state court of your residence, or the state court where the arbitration is brought, cannot obtain a waiver from the arbitration provider of any filing fees you are required to pay, and the arbitration provider refuses to administer the arbitration without your payment of said fees, Fox will pay the filing fees for you.

h. Enforceability of Certain Provisions of Section 13.  Notwithstanding Sub-Section 13.c. through Sub-Section 13.g., a claim regarding enforceability of any portion of Sub-Section 13.b. and/or Sub-Section 13.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 13.b. and/or Sub-Section 13.k.; and (ii) if any or all the procedures set forth in Sub-Section 13.b. and/or Sub-Section 13.k. are unenforceable, whether that or those procedures are severable from the remaining provisions of Section 13 and the consequences of said severance.  If the court determines that Sub-Section 13.b. is enforceable, it will also decide whether the party seeking to arbitrate the Dispute complied with the process in Sub-Section 13.b. 

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

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

j. You understand there is no judge or jury in arbitration, and court review of an arbitration award is limited. An arbitrator must follow the dispute resolution process described in Section 13. Subject to Sub-Section 13.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.

k. 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 Fox asserts 25 or more similar demands for arbitration or counterclaims against similarly-situated parties, within a period of 60 days or otherwise close in proximity, you and we agree that these claims will be related (“Related Cases”), and this shall be called a “Mass Filing.” The following procedures will apply to a Mass Filing:

i. Acknowledgment of Related Cases procedure. If you or Fox, or your or our counsel, files a demand for arbitration that has Related Cases, then you and we agree that the demand for arbitration shall be subject to the additional protocols set forth in this Sub-Section 13.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 13.k.

ii. Bellwether Arbitrations. Bellwether proceedings are encouraged by courts and arbitration administrators where there are multiple disputes involving similar claims against the same or related parties. The parties shall select ten individual arbitration claims (five per side), designated the “Initial Test Cases,” to proceed to arbitration. Only the Initial Test Cases shall be filed with the arbitrator. All other claims shall be held in abeyance. This means that the filing fees will be paid only for the Initial Test Cases; for all other demands for arbitration, the filing fees (together with any arbitrator consideration of the other demands) will be in abeyance, and neither You nor Fox will be required to pay any such filing fees. You and Fox also agree that neither you nor we shall be deemed to be in breach of Section 13 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.

iii. 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.

iv. Batch Arbitration. To increase the efficiency of administration and resolution of arbitrations, you and Fox agree that in the event the Bellwether Arbitration and Global Mediation processes described above do not resolve the Disputes, the arbitration provider will (1) administer the remaining arbitration demands in batches of 50 demands per batch; (2) appoint one arbitrator for each batch; and (3) provide for the resolution of each batch as a single consolidated arbitration with one set of filing and administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award (“Batch Arbitration”). The final award will provide for individual merit decisions for each separate claimant within the single batch arbitration award. If the arbitration provider will not administer the Batch Arbitration with one set of filing and administrative fees due per side per batch, then the arbitration provider’s mass arbitration fee schedule shall apply. AAA’s mass arbitration fee schedule is available on its website at www.adr.org/rules.  For mass arbitrations before any other arbitration provider, if applicable, you and Fox agree that its mass arbitration fee schedule shall apply, as necessary.

v. 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 [email protected], or by notice to the attorney representing Fox in the arbitration proceeding. This written notice must be signed by you, even if it is also signed by your attorney. The written notice cannot be signed by an agent or other representative of yours in lieu of your signature. It must include a statement that you wish to opt out of arbitration within 30 days after the conclusion of the Global Mediation process. Fox may exercise its equivalent opt-out right by sending written notice to you or your attorney, agent, or representative if you are represented.

vi. Enforcement of Subsection. A Court of competent jurisdiction shall have the power to enforce Section 13.k., including by injunctive, declaratory, or other relief.

l. 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.

m. Discovery and Information Exchange. Regardless of how the arbitration proceeds, each of you and Fox shall cooperate in good faith in the exchange of non-privileged documents and information as necessary in accordance with the arbitration provider’s rules.

n. Attorney’s Fees and Fee Shifting.  Each of you and Fox may incur attorneys’ fees during the arbitration. Each side agrees to pay his, her or its own attorneys’ fees unless the claim(s) at issue permit(s) the prevailing party to be paid its attorneys’ fees, and in such instance, the fees awarded shall be determined by the applicable law(s).

o. Restrictions on Forms of Relief. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief, only to the extent necessary to provide relief warranted by that party’s individual claim, only as permitted by applicable law, and only to the extent that declaratory and injunctive relief are permitted by this Agreement. The arbitrator shall have no authority to award punitive, exemplary, multiplied or consequential damages or any other relief except those allowed under the law and this Agreement, including Section 10.2’s Limitation of Liability provision. The arbitrator also may not order you or Fox to pay any monies to or take any actions with respect to persons other than you or Fox, respectively, unless you or Fox explicitly consents in advance, after an arbitrator is selected, to permit the arbitrator to enter such an order, as applicable. Further, unless you and Fox expressly agree, or subject to the provisions of Sub-Section 13.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.

p. Confidentiality. You and Fox agree to maintain the confidential nature of the arbitration proceeding and shall not disclose the fact of the arbitration, any documents exchanged as part of any mediation, proceedings of the arbitration, the arbitrator’s decision and the existence or amount of any award, except as may be necessary to prepare for or conduct the arbitration (in which case anyone becoming privy to confidential information must undertake to preserve its confidentiality), or except as may be necessary in connection with a court application for a provisional remedy, a judicial challenge to an award or its enforcement, an order confirming the award, or unless otherwise required by law or court order. In keeping with the confidential nature of the arbitration, you and Fox agree that an order confirming the award is only necessary if the obligations of the award have not been performed. Therefore, before taking any steps to confirm the arbitration award, the party seeking confirmation of the award must give the other party notice of its intention to confirm the award. If the party who would be the respondent in any such confirmation proceeding performs its obligation under the terms of the arbitration award within 15 business days of such notice, the party who gave notice of its intent to confirm the award shall not seek to confirm or otherwise enforce the award.

q. Severability of Portions of Section 13. With the exception of Sub-Section 13.i. and Sub-Section 13.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 Section 13 is deemed invalid, unenforceable, or illegal, then the balance of Section 13 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 13.i. or/and Sub-Section 13.k. is found invalid, unenforceable or illegal, then the remainder of Section 13 and this paragraph shall be null and void, but the rest of this Agreement, including the provisions governing in which court actions against Fox must be pursued and the choice of governing law will remain in effect and apply to any claim that, for this or any other reason, proceeds in court rather than in arbitration.

r. Court Proceedings. If a court issues a decision precluding or refusing to compel arbitration of any Dispute, the Dispute must be brought in the state or federal courts located in New York City, unless otherwise mandated by law to be filed in another state or federal court. For Disputes deemed not to be subject to arbitration, neither you nor Fox shall be precluded from participating in a class-wide settlement of those claims if brought by another Fox user or third party.

 

14. Limitation on Time to Bring a Claim

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

 

15. Governing Law and Choice of Forum

This 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 the process in accordance with Section 13 contained above, you and Fox agree to submit to the exclusive jurisdiction of the federal or state courts located in New York, New York, unless otherwise mandated by law, to resolve any Dispute arising out of this Agreement or the Fox Nation 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 AND WE AGREE THAT ANY CAUSE OF ACTION YOU OR WE MAY HAVE ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE FOX NATION 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.

 

16. General Information

16.1 United States Jurisdiction. Fox provides the Fox Nation Services in the United States of America. Fox does not represent that the Fox Content, Fox Nation Services are appropriate (or, in some cases, available) for use in other locations. If you use the Fox Nation Services from a jurisdiction other than the United States, you agree that you do so of your own initiative, and you are responsible for complying with local laws as applicable to your use of the Fox Nation Services.

Not all of the Fox Nation Services are available worldwide or nationwide, and Fox makes no representation that you will be able to obtain any Fox Nation Services in any particular jurisdiction, either within or outside of the United States.

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

16.3 No Waiver/Reliance. If you see other parties violating this Agreement, we would appreciate it if you would let us know here. Precisely how Fox responds to a party that is violating this Agreement will be determined after carefully analyzing all of the facts and circumstances of a particular case. You may not rely upon Fox's precise response with respect to one party or one situation as any indication of what Fox might do with respect to another party or another situation, even if the parties or situations appear to you to be similar.

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

 

17. Other

The Section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. Except as otherwise expressly provided herein, if any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

You agree that any notices Fox may be required by Applicable Law to send to you will be effective upon Fox’s sending an e-mail message to the e-mail address you have on file with Fox or publishing such notices on the informational page(s) of Fox Nation Services. Additionally, from time to time, we may communicate with you about the Services and this Agreement electronically (e.g., emails to your registered email address, notices on the Fox Site and other Access Points). You consent to receive electronic communications from Fox and further agree that any notices, agreements, disclosures, and other communications that we send to you electronically will satisfy any applicable legal notification requirements. We recommend that you keep a copy of any electronic communications we send to you for your records.

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

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

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

If you would like to contact us with any questions regarding this Agreement, please contact us here.

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