Welcome to FASTFREE.NEWS!
FIRST, AN IMPORTANT MESSAGE: PLEASE READ THESE TERMS AND CONDITIONS OF USE ("Terms", "Terms of Use", or "Agreement") CAREFULLY BEFORE USING THIS PLATFORM, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS, INCLUDING, BUT NOT LIMITED TO, WAIVERS OF RIGHTS, LIMITATION OF LIABILITY, AND YOUR INDEMNITY TO US. THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN COURTS OR JURY TRIALS, AND LIMITS THE REMEDIES AVAILABLE IN THE EVENT OF A DISPUTE.
These Terms of Use describe the terms and conditions that govern your use of the current and future online and mobile websites, platforms, services, applications, and networks owned or operated by Cable News Network, Inc. ("FASTFREE.NEWS"), including without limitation, and/or for which FASTFREE.NEWS currently or in the future provides services and/or technology (the "Platform" or "Platforms"). You accept and agree to be bound by these Terms of Use when you use any of the Platforms, without limitation, when you view or access content or videos on any of the Platforms.
1. Use of the Platform:
(A) The content and features on the Platform are intended for users who are at least 18 years old. If you are under the age of 18, you should obtain the permission of a parent or legal guardian. Certain parts of the Platform may be subject to other eligibility requirements.
(B) Governing Terms. These Terms of Use, along with any additional terms and conditions that are referenced herein or that are presented elsewhere on the Platform in relation to a specific service or feature and the FASTFREE.NEWS Privacy Policy, set forth the terms and conditions that apply to your use of the Platform. By using the Platform, you agree to comply with all of the terms and conditions hereof. If you do not agree to these Terms of Use, you should not access or use the Platform.
(C) Changes to Terms of Use. FASTFREE.NEWS may modify the Terms of Use, or any part thereof, or add or remove terms at any time, and such modifications, additions or deletions will be effective immediately upon posting. Your use of the Platform after such posting shall be deemed to constitute acceptance by you of such modifications, additions or deletions.
(D) Changes to Platform. At various times, FASTFREE.NEWS may choose to make available updates, bug fixes, or other changes or enhancements to the Platform (collectively, "Service Updates"). Service Updates may be: (i) Automatic, such as in connection with general website changes and additional features or updates to data required by the Platform, (ii) at your election, in which instance you will receive information and instructions for how to authorize optional Service Updates; or (iii) mandatory, in which case you will be required to consent to the Service Update or install or upgrade a third-party plug-in if you wish to maintain access to the Platform. Please note that the Platform may be unavailable during a Service Update.
If you access the Platform through a mobile device, such changes may also be communicated through updated versions of the Platform software, which you consent to receive without further notice. Please review the Terms and our Privacy Policy periodically for any changes. The date that these Terms were last modified can be found at the end of these Terms. Any modifications to these Terms, including, but not limited to, any modifications to the warranty disclaimers or limitation of liability contained in these Terms, will supersede the prior provisions for all activity occurring after the revised version has been made available.
If any change materially limits the availability of the Platform, then in addition to posting the revised document on the Platform, we intend to communicate such a limit directly to you via the email address associated with Your Account. Therefore, it is important that you keep Your Account contact information up to date. Your continued use of the Platform after the changes come into effect and, in the case of any Subscription, your failure to cancel the same before it renews or within any relevant notice period, will mean you unconditionally accept and agree to be bound to the changes.
(E) Registration. You may be given the opportunity to register via an online registration form to create a user account ("Your Account") that may allow you to receive information from FASTFREE.NEWS and/or to participate in certain features on the Platform such as certain Interactive Areas. FASTFREE.NEWS will use the information you provide in accordance with the FASTFREE.NEWS Privacy Policy. By registering you represent and warrant that all information that you provide on the registration form is current, complete and accurate to the best of your knowledge. You agree to maintain and promptly update your registration information on the Platform so that it remains current, complete and accurate. During the registration process, you may be required to choose a password and/or user name. You acknowledge and agree that FASTFREE.NEWS may rely on this password or user name to identify you. You shall be responsible for protecting the confidentiality of your user name(s) or password(s), if any. You are responsible for all use of Your Account, regardless of whether you authorized such access or use, and for ensuring that all use of Your Account complies fully with the provisions of these Terms of Use.
(F) Consent to Electronic Communications. By registering an account with the Platform or otherwise using the Platform you agree that FASTFREE.NEWS and our Subscription Providers may send you emails or other electronic communications regarding Your Account. You also consent to receiving promotional messages, offers, surveys, and other materials electronically. For more information about how we communicate with you, please review our Privacy Policy at FASTFREE.NEWS Privacy Policy.
If at any time you no longer want to receive non-transactional communications, you may unsubscribe using the link at the bottom of the electronic communication or you may sign into the Platform and update your "Newsletters" preferences in the "Settings" tab. Please note that changes made to your Notifications settings may not take effect immediately, and there could be a delay before your new settings become effective.
(G) Equipment. You are responsible for obtaining and maintaining all connectivity, computer software, hardware and other equipment needed for access to and use of the Platform and all charges related to the same.
(H) In order to subscribe to FASTFREE.NEWS+, you must reside within one of the fifty (50) states of the United States of America ("U.S."), the District of Columbia, or certain U.S. territories (collectively, the "Service Area").
2. User Content and Conduct; Community Guidelines
The following terms apply to content submitted by users, and user conduct, on the Platform's Interactive Areas, including Interview Club:
(A) Interactive Areas. The Platform may contain comments sections, discussion forums, or other interactive features, including User Interview Club ("Interactive Areas") in which you may post or upload user-generated content, including but not limited to comments, video, photos, messages, other materials or items (collectively, "User Content"). You are solely responsible for your use of any Interactive Areas and you use them at your own risk. Interactive Areas are available for individuals aged 13 years or older. By submitting User Content to an Interactive Area, you represent that you are 13 years of age or older and, if you are under the age of 18, you either are an emancipated minor, or have obtained the legal consent of your parent or legal guardian to enter into these Terms of Use, submit content, participate on the Platform, and fulfill the obligations set forth in these Terms of Use, which forms a binding contract between you and FASTFREE.NEWS. Employees of Cable News Network, Inc. may not submit User Content without permission from their supervisors.
(B) Community Guidelines. By submitting any User Content or participating in an Interactive Area within or in connection with the Platform, you agree to abide by the following rules of conduct:
You agree not to upload, post or otherwise transmit any User Content that:
* violates or infringes in any way upon the rights of others, including any statements which may defame, harass, stalk or threaten others.
* you know to be false, misleading or inaccurate.
* contains blatant expressions of bigotry, racism, racially or ethnically offensive content, hate speech, abusiveness, vulgarity or profanity.
* contains or advocates pornography or sexually explicit content, pedophilia, incest, bestiality, or that is otherwise obscene or lewd.
* violates any law or advocates or provides instruction on dangerous, illegal, or predatory acts, or discusses illegal activities with the intent to commit them.
* advocates violent behavior.
* poses a reasonable threat to personal or public safety.
* contains violent images of killing or physical abuse that appear to have been captured solely, or principally, for exploitive, prurient, or gratuitous purposes.
* is protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express permission of the owner of such copyright, trademark, trade secret, right of publicity or other proprietary right. The burden of determining that any User Content is not protected by copyright, trademark, trade secret, right of publicity or other proprietary right rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, trade secrets, rights of publicity or other proprietary rights or any other harm resulting from such a submission. Any person determined by FASTFREE.NEWS, in its sole discretion, to have violated the intellectual property or other rights of others shall be barred from submitting or posting any further material on the Platform.
* does not generally pertain to the designated topic or theme of any Interactive Area.
* contains any unsolicited or unauthorized advertising or promotional materials with respect to products or services, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
* You agree not to engage in activity that would constitute a criminal offense or give rise to a civil liability.
* You agree that if necessary, you have the consent of each and every identifiable natural person in any submission to use such persons name or likeness in the manner contemplated by the Platform.
* You agree that any person who appears in your submission who is a current member of the Screen Actors Guild (SAG), the American Federation of Television and Radio Actors (AFTRA) or any other rights society is not entitled to compensation by FASTFREE.NEWS.
* You agree not to impersonate any person or entity, including, but not limited to, FASTFREE.NEWS or any FASTFREE.NEWS employee, or falsely state or otherwise misrepresent your affiliation with any person or entity.
* You agree not to represent or suggest, directly or indirectly, FASTFREE.NEWS's endorsement of User Content.
* You agree not to interfere with any other user's right to privacy, including by harvesting or collecting personally-identifiable information about the Platform users or posting private information about a third party.
* You agree not to upload, post or otherwise transmit any User Content, software or other materials which contain a virus or other harmful or disruptive component.
* You agree not to interfere with or disrupt the Platform or the servers or networks connected to the Platform, or disobey any requirements, procedures, policies or regulations of networks connected to the Platform.
* You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of the Platform, use the Platform, or access to the Platform.
* You agree not to use any service, technology or automated system to artificially inflate the page views that your User Content receives. This includes pay-per-click services, web "robots" and any other current or future technologies. You also agree not to direct any third party to use these services, technologies or automated systems on your behalf.
* You agree not to use any technology, service or automated system to post more User Content than an individual could upload in a given period of time. You also agree not to direct any third party to use these services, technologies or automated systems on your behalf.
Any conduct that in FASTFREE.NEWS's sole discretion restricts or inhibits anyone else from using or enjoying the Platform will not be permitted. FASTFREE.NEWS reserves the right in its sole discretion to remove or edit User Content by you and to terminate Your Account for any reason.
FASTFREE.NEWS does not vouch for the accuracy or credibility of any User Content, and does not take any responsibility or assume any liability for any actions you may take as a result of reading User Content posted on the Platform. Through your use of Interactive Areas, you may be exposed to content that you may find offensive, objectionable, harmful, inaccurate or deceptive. There may also be risks of dealing with underage persons, people acting under false pretense, international trade issues and foreign nationals. By using Interactive Areas, you assume all associated risks.
(C) Monitoring. FASTFREE.NEWS shall have the right, but not the obligation, to monitor User Content posted or uploaded to the Platform to determine compliance with these Terms of Use and any operating rules established by FASTFREE.NEWS and to satisfy any law, regulation or authorized government request. Although FASTFREE.NEWS has no obligation to monitor, screen, edit or remove any of the User Content posted or uploaded to the Platform, FASTFREE.NEWS reserves the right, and has absolute discretion, to screen, edit, refuse to post or remove without notice any User Content posted or uploaded to the Platform at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Content posted to the Platform at your sole cost and expense. In addition, FASTFREE.NEWS may share personally identifiable information in response to a law enforcement agency's request, or where we believe it is necessary, or as otherwise required or permitted by law. See FASTFREE.NEWS Privacy Policy.
The decision by FASTFREE.NEWS to monitor and/or modify User Content does not constitute nor shall it be deemed to constitute any responsibility or liability in any manner on the part of FASTFREE.NEWS in connection with or arising from use by you of Interactive Areas on the Platform.
(D) License to User Content. By submitting User Content to the Platform, you automatically grant FASTFREE.NEWS and its parent company, Cable News Network, Inc. and Warner Media, LLC, the royalty-free, perpetual, irrevocable, non-exclusive right and license, but not the obligation, to use, publish, reproduce, modify, adapt, edit, translate, create derivative works from, incorporate into other works, distribute, sub-license and otherwise exploit such User Content (in whole or in part) worldwide in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such User Content, without payment to you or to any third parties. You represent and warrant to FASTFREE.NEWS that you have the full legal right, power and authority to grant to FASTFREE.NEWS the license provided for herein, that you own or control the complete exhibition and other rights to the User Content you submitted for the purposes contemplated in this license and that neither the User Content nor the exercise of the rights granted herein shall violate these Terms of Use, or infringe upon any rights, including the right of privacy or right of publicity, constitute a libel or slander against, or violate any common law or any other right of, or cause injury to, any person or entity. You further grant FASTFREE.NEWS the right, but not the obligation, to pursue at law any person or entity that violates your or FASTFREE.NEWS's rights in the User Content by a breach of these Terms of Use.
(E) Moral Rights. If it is determined that you retain moral rights (including rights of attribution or integrity) in the User Content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the User Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the User Content by FASTFREE.NEWS or its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the User Content; and (d) you forever release FASTFREE.NEWS, and its licensees, successors and assigns, from any claims that you could otherwise assert against FASTFREE.NEWS by virtue of any such moral rights. You also permit any other user to access, view, store or reproduce the User Content for that user's personal use.
(F) No Obligation. User Content submitted by you will be considered non-confidential and FASTFREE.NEWS is under no obligation to treat such User Content as proprietary information except pursuant to the FASTFREE.NEWS Privacy Policy. Without limiting the foregoing, FASTFREE.NEWS reserves the right to use any User Content as it deems appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post it. FASTFREE.NEWS is under no obligation to edit, delete or otherwise modify User Content once it has been submitted to FASTFREE.NEWS. FASTFREE.NEWS shall have no duty to attribute authorship of User Content to you and shall not be obligated to enforce any form of attribution by third parties.
3. Copyright Ownership.
The Platform contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Platform ("Content") are copyrighted as a collective work under the United States copyright laws. FASTFREE.NEWS owns copyright in the selection, coordination, arrangement, and enhancement of such Content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. You may download copyrighted material for your personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of FASTFREE.NEWS and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
4. Third Party Content.
FASTFREE.NEWS is a distributor (and not a publisher or creator) of content supplied by third parties and users. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers or users of the Platform, are those of the respective author(s) or distributor(s) and not of FASTFREE.NEWS. Neither FASTFREE.NEWS nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. (Refer to Section 6 below for the complete provisions governing limitation of liabilities and disclaimers of warranty.)
In many instances, the content available through the Platform represents the opinions and judgments of the respective user or information provider not under contract with FASTFREE.NEWS. FASTFREE.NEWS neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the Platform by any third party. Under no circumstances will FASTFREE.NEWS be responsible or liable, directly or indirectly, for any loss or damage caused by your use or reliance on information obtained through the Platform. FASTFREE.NEWS is not responsible for any actions or inaction on your part based on the information that is presented on the Platform. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Platform. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
5. License.
Subject to the terms and conditions set forth in these Terms, FASTFREE.NEWS grants you a limited, non-exclusive, non-transferable license to access the Platform and view Content through the Platform for personal, non-commercial purposes on compatible devices and where applicable, while your Subscription remains active and in good standing. To access the Platform, 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. Features and functionalities that we make available through the Platform may differ by device. Please check the requirements periodically, as FASTFREE.NEWS reserves the right to change or cease support of any hardware or software platforms at any time. In order to access the Platform, your compatible device must have a high-speed internet connection. You are responsible for any costs associated with your internet service used to access the Platform. Your use of the Platform may count toward your data usage, depending on the terms of your agreement with your internet service provider. You acknowledge that from time to time the Platform may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which FASTFREE.NEWS may undertake; or (iii) causes beyond the control of FASTFREE.NEWS or which are not reasonably foreseeable by FASTFREE.NEWS.
The periods during which you can view each piece of Content may vary based on the rights available for such Content and the terms of your Subscription. Any unauthorized copy of any element of the Platform, including the Content, underlying software, or any portion thereof will constitute a violation of copyright. FASTFREE.NEWS may, in its sole discretion, and at any time, with or without notice, suspend, disable or terminate your Subscription, and/or access to all or any part of the Platform at any time, with or without prior notice, if you violate these Terms or for any reason or no reason at all, without liability. If we disable your Subscription, you agree that you will not create another FASTFREE.NEWS+ Account or otherwise try to access the Platform without our permission. Violation of these Terms in any manner automatically terminates the license granted to you herein and obligates you to cease all use of the Platform.
FASTFREE.NEWS may control the maximum number of simultaneous streams per account (across all Content on the Platform) regardless of the number of devices on which the Platform is available. FASTFREE.NEWS may change the maximum number of simultaneous streams and/or impose limits on the number of registered devices that you may use at any time, in its sole discretion.
You may not reverse engineer, copy, decompile, disassemble, derive the source code of, modify, adapt, capture, reproduce, publicly display, publicly perform, transfer, sell, license, create derivative works from or based upon, republish, upload, edit, post, transmit, distribute, exploit, circumvent or otherwise translate (or attempt, or encourage or assist any other person, to do any of the foregoing), in whole or in part, the Platform or any Content. You understand that some of the Content may be protected by security technology. You agree not to circumvent, disable, disassemble, alter, degrade, deactivate, or otherwise tamper with any of the security technology related to, or delivered with, such Content for any reason, or to attempt or assist another person to do so.
6. Third Party Subscription Provider Terms.
These Terms constitute agreement between you and FASTFREE.NEWS, and not between you and any Subscription Provider(s). Unless otherwise specified herein, Subscription Providers will have no obligation to provide maintenance and support services, or respond to product claims regarding the Platform. Subscription Providers shall not be responsible for any product or intellectual property claims associated with the Platform. Please review the terms of use and user agreements of your Subscription Provider to confirm your compliance to those terms.
iOS Subscribers
Accessing the Platform via iOS products must be in accordance with the App Store Terms of Use in addition to the Terms set forth herein. You acknowledge and agree that Apple, Inc., ("Apple") and any subsidiaries of Apple, are third party beneficiaries to these Terms. Upon your acceptance of these Terms, Apple will have the right (and be deemed to have accepted the right) to enforce these Terms as a third party beneficiary.
7. Parental Control/Consent.
THE PLATFORM CONTAINS CONTENT THAT MAY NOT BE APPROPRIATE FOR ALL AGES OR VIEWERS. MOST ENTERTAINMENT CONTENT IS RATED ACCORDING TO GUIDELINES ESTABLISHED BY THE MOTION PICTURE ASSOCIATION OF AMERICA OR TELEVISION PARENTAL GUIDELINES. HOWEVER, YOU MIGHT DISAGREE WITH HOW PARTICULAR CONTENT IS RATED AND SOME CONTENT MAY NOT BE RATED AND/OR MAY CONTAIN STRONG OR PROFANE LANGUAGE, VIOLENCE, ALCOHOL, TOBACCO, DRUG OR SUBSTANCE ABUSE, NUDITY, SEXUAL CONTENT, MATURE THEMES AND/OR MATURE CONTENT INTENDED ONLY FOR ADULTS OR THOSE UNDER SUPERVISION OF ADULTS. 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. You acknowledge and voluntarily accept these risks. Also, Content types, genres, categories, and descriptions are provided as suggestions to help with navigation, and FASTFREE.NEWS does not guarantee that you will agree with them.
If you wish to restrict Content for a Kid's Profile, you may take advantage of the Parental Controls feature of the Platform, by accessing the "Parental Controls" functionality within the "Manage Profiles" section of your FASTFREE.NEWS+ Account on the Platform. This will enable you to establish and manage Parental Control settings for each Kid's Profile linked to your FASTFREE.NEWS+ Account. Parental Controls allow you to set a maximum movie rating and television rating for each Kid's Profile, and are designed to filter out non-rated Content. Please note that changes made to Parental Controls may not take effect immediately, and during some periods there could be a delay before your new settings become effective.
We do not guarantee that any movie or television rating for Content is accurate. You acknowledge that the Parental Controls may not always be effective in restricting all Content that you or any Authorized User may consider objectionable, including if you disagree with the Content rating, if changes made to Parental Controls are delayed or do not take effective immediately, if an Authorized User of a Kid's Profile is allowed to access or view Content from another Authorized User with no or different Parental Control settings, or if he or she has access to the PIN to change the Parental Control settings.
If you choose to access or view, or allow an Authorized User to access or view, any adult or mature Content on the Platform, you acknowledge and agree that exposure to visual images and sounds that may depict nudity, sexual activity, violence, adult language, alcohol, tobacco, drug, or substance use, or are otherwise graphic in nature, may occur. You agree that use of the Platform by you and all Authorized Users is at your sole risk, that you are solely responsible for monitoring and supervising all use of your FASTFREE.NEWS+ Account, including those of each Authorized User, and that FASTFREE.NEWS and/or your Subscription Provider shall have no liability to you, any Authorized User or any third party for any Content viewed or accessed on your FASTFREE.NEWS+ Account.
8. Restrictions on Use of Materials.
You may not copy, reproduce, distribute, transfer, sell, license, publish, enter into a database, display, perform publicly, modify, create derivative works, upload, edit, post, link to, frame, transmit, rent, lease, lend or sublicense or in any way exploit any part of the Platform, or attempt to interfere with the operation of the Platform in any way, except that you may access and display material and all other Content displayed on the Platform for non-commercial, personal, entertainment use for a limited time only as strictly authorized herein. You may not use any data mining, robots, virus, worms, bugs, or similar data gathering and extraction tools on the Platform or on any portion of the Platform, or frame any portion of the Platform, or attempt to tamper, hack, corrupt, or impair the administration and/or security of the Platform. Without limiting the generality of the foregoing, you may not distribute any part of the Platform over any network, including a local area network, nor sell or offer it for sale. You may not assign, sublicense, pledge or transfer any of your rights or obligations under these Terms to any person or entity without FASTFREE.NEWS's prior written consent which may be withheld in FASTFREE.NEWS's sole discretion (and any such purported assignment, pledge or transfer without such prior written consent shall be void ab initio). In addition, the Content files or other elements of the Platform may not be used to construct any kind of database. You acknowledge that your use of the Platform and your FASTFREE.NEWS+ Account is non-transferable. Any authorization to copy material granted by FASTFREE.NEWS in any part of the Platform for any reason is restricted to viewing a single copy for non-commercial, personal, entertainment use only, and is subject to your keeping intact all copyright, trademark and other proprietary notices. Using any material on any other service or networked computer environment is prohibited. Also prohibited are: decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any software or digital rights management feature on the Platform into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on or compatible with such software or any feature of the Platform, or intercepting and/or recording network communications transmitted between the Platform and FASTFREE.NEWS.
FASTFREE.NEWS respects the intellectual property rights of others and asks users of the Platform to do the same. FASTFREE.NEWS and its licensees and Content partners reserve the right, at any time, to prosecute any violation of copyright or other intellectual property laws to the fullest extent of the law, including both civil and criminal penalties.
9. Content, Content Limitations and Downloads.
Content, including but not limited to video, audio, graphics, photos text, special features, software and messages may be streamed to you or otherwise made available to you in connection with your use of the Platform. Please note that some Content may specify an access window in which you will be able to view the Content. The access window may vary, you should pay close attention to the description provided with the Content. During the applicable access window, you will be able to view the Content as many times as you want, BUT ONCE THE ACCESS WINDOW FOR A PARTICULAR CONTENT ITEM TERMINATES, YOU WILL NO LONGER HAVE THE ABILITY TO ACCESS THAT PIECE OF CONTENT. It is your responsibility to monitor the access window for each piece of Content available via the Platform, and FASTFREE.NEWS and its partners and affiliates accept no liability for any access windows or the expiration thereof. FASTFREE.NEWS reserves the right, in its sole discretion, to disable access to any Content at any time, regardless of the posted access windows or its programming schedules. Please note that not all Content will be available to all users across all compatible devices. Access to certain Content may depend upon your geographic location (i.e., you will not be able to access Content from outside the Service Area), whether you are able to maintain an internet connection, or available bandwidth and equipment used to access the Platform. You should be sure to read the detailed description of each piece of Content to determine options for viewing or accessing that Content. While we do our best to keep the Content descriptions up-to-date, FASTFREE.NEWS does not warrant that such descriptions will always be complete, current, or accurate. No transfer of ownership to any portion of the Content shall be made as a result of any access you are granted to the Platform as a result of your Subscription or FASTFREE.NEWS+ Account. FASTFREE.NEWS does not make any representations or warranties with respect to the accessibility of any particular Content at any time.
Certain Content on the Platform may be available for temporary download on certain supported devices, in order to enable offline viewing when you do not have a network connection ("Downloadable Content"). To download Content, make sure you have a network connection and sign into the Platform on your phone or tablet. Choose an episode or movie that you want to download and tap "Download". FASTFREE.NEWS may control, in its sole discretion, the amount of Downloadable Content permissible for each FASTFREE.NEWS+ Account (across all Authorized Users and devices), and the expiration rules for each piece of Downloadable Content. At the time of download, the Platform will provide you with information specifying the Content download limits and the expiration rules for each piece of Downloadable Content.
FASTFREE.NEWS 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, Ultra HD and 4K Ultra HD availability, if and as applicable, for certain Content depends on your internet service and device capabilities. Not all Content is available in all formats. 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, FASTFREE.NEWS is unable to make any warranties about the Content in these respects.
10. Suspension and Termination.
FASTFREE.NEWS and any Subscription Provider may suspend or terminate your Subscription and access to the Platform and/or your FASTFREE.NEWS+ Account immediately for any reason or for no reason whatsoever, including if FASTFREE.NEWS and/or any Subscription Provider reasonably determines that you are in violation of these Terms or receives information that you no longer meet the Eligibility Criteria. In such event, you must cease all use of the Platform. The suspension or termination of your Subscription is in addition to, and not in lieu of, any rights and remedies available to FASTFREE.NEWS, its partners and affiliates and/or any Subscription Provider under these Terms or under applicable laws. Your rights under these Terms will terminate automatically without notice from FASTFREE.NEWS if you fail to comply with these Terms.
You may terminate your subscription at any time by following the cancellation process set forth in Section 6(F) above. Please note you shall still be responsible for all Subscription Fees incurred prior to the effective date of termination.
The provisions of Sections 3, 4, 8 and 12-24 shall survive termination of your subscription, account, or use of the Platform.
11. Advertisements and Promotions.
FASTFREE.NEWS may run advertisements and promotions from third parties on the Platform. Your business dealings or correspondence with, or participation in promotions of, advertisers other than FASTFREE.NEWS, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. FASTFREE.NEWS is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Platform.
12. Feedback and Postings.
(A) Portions of the Platform may invite you to provide us with feedback. Please be aware that FASTFREE.NEWS does not accept unsolicited submissions of concepts, creative ideas, suggestions, stories, or other potential content. This is to avoid the possibility of future misunderstanding when projects developed by FASTFREE.NEWS staff or representatives might seem to others to be similar to the submitted concepts, creative ideas, suggestions, stories or other potential content. Therefore, please do not send FASTFREE.NEWS any unsolicited submissions. In any event, no material you send to us will be treated as confidential.
(B) Please also be aware that your feedback will not be acknowledged and does not create a confidential, fiduciary or other special relationship between you and FASTFREE.NEWS, or any of its Subscription Providers, licensees, successors or assigns or place FASTFREE.NEWS or any of its Subscription Providers, affiliates, licensees, successors or assigns in a position that is any different from the position held by members of the general public. You acknowledge and agree that neither FASTFREE.NEWS nor any of its Subscription Providers, licensees, successors or assigns has now, or shall have in the future, any duty or liability, direct or indirect, vicarious, contributory or otherwise, with respect to the infringement or protection of any copyright in and to your feedback, and that FASTFREE.NEWS and Subscription Providers and their respective licensees, successors or assigns are not responsible for the loss, deletion, failure to store or mis-delivery of any feedback submitted.
(C) To the extent that use of the Platform provides you or other users an opportunity to post and exchange information, content, ideas and opinions ("Postings"), be advised that FASTFREE.NEWS does not screen, edit, or review Postings prior to their appearance on the Platform or elsewhere, and Postings do not reflect the views of FASTFREE.NEWS. To the fullest extent permitted by applicable laws, FASTFREE.NEWS disclaims all responsibility and liability for the Postings or for any losses or expenses resulting from their use and/or appearance on the Platform or elsewhere. FASTFREE.NEWS reserves the right (but not the obligation) to monitor all Postings and to remove any which it considers in its absolute discretion to be offensive or otherwise in breach of these Terms or in violation of general community standards and notions of decency. You hereby represent and warrant that you have all necessary rights in and to all Postings you provide and all material, content and information they contain and that such Postings shall not violate or infringe upon any proprietary right, intellectual property right or other rights of third parties.
(D). Please act responsibly when using the Platform. You may only use the Platform for lawful purposes and in accordance with law and you are prohibited from storing, distributing or transmitting any unlawful material through the Platform. You may not collect or store personal information regarding other users. You recognize that storing, distributing or transmitting unlawful material could expose you to criminal and/or civil liability. You agree that if any third party claims that material you have contributed to the Platform is unlawful, you will bear the burden of establishing that it is lawful.
13. Hyperlinks to and from Third Party Sites.
(A) You are not permitted to link to the Platform from any third-party site without the prior written permission of FASTFREE.NEWS. However, the Platform may link you to other sites on the internet including, without limitation, sites owned or controlled by FASTFREE.NEWS or by our Subscription Providers. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of FASTFREE.NEWS, and you acknowledge that (whether or not such sites are affiliated in any way with FASTFREE.NEWS or its Subscription Providers) FASTFREE.NEWS is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such sites. The inclusion of such a link does not imply endorsement of any site by FASTFREE.NEWS or any association with its operators.
(B) FASTFREE.NEWS cannot ensure that you will be satisfied with any products or services that you purchase from any third-party site that links to or from the Platform. FASTFREE.NEWS does not endorse any of the merchandise, nor has FASTFREE.NEWS taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party sites. We have no duty to pre-screen information, products and services of third parties (collectively "Third-Party Content"), but we have the right to refuse to post or to edit submitted Third-Party Content. We reserve the right to remove Third-Party Content for any reason, but we are not responsible for any failure or delay in removing such material. FASTFREE.NEWS does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you irrevocably waive any claim against us with respect to such sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third parties.
(C) Any area of the Platform that is accessed through any third party proprietary online service is subject to the rules, policies and guidelines of such third party proprietary online service.
14. System Abuse.
(A) You may not reproduce, sell, resell or otherwise exploit any resource, or access to any resource, contained on the Platform.
(B) You are prohibited from using any services or facilities provided in connection with the Platform to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g. password guessing programs, cracking tools or network probing tools) is strictly prohibited.
(C) If FASTFREE.NEWS believes that you have engaged in any of the activity set forth in this Section or in other fraudulent activity in connection with your use of the Platform, we reserve the right to take any action to remedy such activity, including without limitation, termination of Your Account.
15. Investigations/Violations.
FASTFREE.NEWS along with its Subscription Providers reserve the right to investigate suspected violations of these Terms, and may seek to gather information from the user who is suspected of violating of these Terms, and from any other user. We may suspend any users whose conduct is under investigation and may remove such material from its servers as we deem appropriate and without notice. If we believe, in our sole discretion, that a violation of these Terms has occurred, we may warn users, suspend usernames and passwords, terminate FASTFREE.NEWS+ Accounts or take other corrective action deemed appropriate. We may also provide personally identifiable information in response to legal process, for example, in response to a court order or a subpoena. We also may disclose such information in response to a law enforcement agency's request or as otherwise set forth in our FASTFREE.NEWS Privacy Policy.
BY ACCEPTING THESE TERMS OF USE YOU WAIVE AND HOLD HARMLESS FASTFREE.NEWS AND ITS SUBSCRIPTION PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY FASTFREE.NEWS OR ITS SUBSCRIPTION PROVIDERS DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER FASTFREE.NEWS, ITS SUBSCRIPTION PROVIDERS OR LAW ENFORCEMENT AUTHORITIES.
16. Use in U.S. Only.
Except with respect to FASTFREE.NEWS International programming, the Platform is intended for viewing solely within the Service Area. Use of technology to mask your location or hinder FASTFREE.NEWS's ability to ascertain your location is prohibited. Please note FASTFREE.NEWS may use technologies to verify your geographic location. FASTFREE.NEWS makes no representation that materials or other Content in the Platform is appropriate or available for use outside of the Service Area. By using the Platform and/or submitting personally identifiable information to the Platform, either during the registration process or subsequently, you consent to have your information transferred to and processed and maintained in the United States, subject to applicable U.S. laws.
17. Disclaimer of Warranty; Limitation of Liability and Time Limitation for Claims.
(A) YOUR USE OF THE PLATFORM IS AT YOUR OWN RISK. THE PLATFORM AND ALL THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES, CONTENT, PARENTAL CONTROLS, FEATURES AND OTHER ELEMENTS OF THE PLATFORM ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, FASTFREE.NEWS, ITS AFFILIATES, SUBSCRIPTION PROVIDERS, DISTRIBUTORS, SUPPLIERS AND/OR LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FASTFREE.NEWS, ITS AFFILIATES, SUBSCRIPTION PROVIDERS, DISTRIBUTORS, SUPPLIERS AND/OR LICENSORS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE PLATFORM WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PLATFORM OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FASTFREE.NEWS, ITS AFFILIATES, SUBSCRIPTION PROVIDERS, DISTRIBUTORS, SUPPLIERS AND/OR LICENSORS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, FUNCTIONS OR OTHER CONTENT IN THE PLATFORM, OR ANY SITES LINKED TO THE PLATFORM IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES AND CONDITIONS, AND/OR THE DISCLAIMER OF SOME TYPES OF DAMAGES. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES OR DAMAGES, THE ABOVE EXCLUSIONS WILL APPLY ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
(B) THE PLATFORM MAY OFFER HEALTH, FITNESS, NUTRITIONAL AND OTHER SUCH INFORMATION, BUT SUCH INFORMATION IS DESIGNED FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY. THE INFORMATION CONTAINED ON THE PLATFORM DOES NOT AND IS NOT INTENDED TO CONVEY MEDICAL ADVICE AND DOES NOT CONSTITUTE THE PRACTICE OF MEDICINE. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. FASTFREE.NEWS IS NOT RESPONSIBLE FOR ANY ACTIONS OR INACTION ON A USER'S PART BASED ON THE INFORMATION THAT IS PRESENTED IN THE PLATFORM.
(C) YOU AGREE THAT FASTFREE.NEWS AND ITS PARENTS, AFFILIATES, SUBSIDIARIES, SUBSCRIPTION PROVIDERS, DISTRIBUTORS, SUPPLIERS, LICENSORS AND ASSIGNS, AND EACH OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, MEMBERS AND DIRECTORS (COLLECTIVELY, THE "RELEASED PARTIES") ARE NOT LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING OUT OF OR RESULTING IN ANY WAY FROM OR IN CONNECTION WITH THE PLATFORM, THE CONTENT, OR ANY ERRORS OR OMISSIONS IN THE TECHNICAL OPERATION OF THE PLATFORM, EVEN IF FASTFREE.NEWS IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE PLATFORM (COLLECTIVELY, THE "RELEASED MATTERS"). NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, FASTFREE.NEWS's AND/OR YOUR SUBSCRIPTION PROVIDER'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, SOLELY FOR THE PLATFORM DURING THE TWELVE (12) MONTHS PRIOR TO THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF SOME TYPES OF DAMAGES. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE EXCLUSIONS, THE ABOVE EXCLUSIONS WILL APPLY ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. YOU ACKNOWLEDGE AND AGREE THAT ANY DAMAGES YOU INCUR ARISING OUT OF FASTFREE.NEWS's ACTS OR OMISSIONS OR YOUR USE OF THE PLATFORM 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 THE PLATFORM.
THE LIMITATIONS IN THIS SECTION APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF FASTFREE.NEWS AND/OR YOUR SUBSCRIPTION PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. BY ACCESSING THE PLATFORM, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."
In connection with this waiver and release, you acknowledge that you are aware that you may hereafter discover claims presently unknown or unsuspected, or facts in addition to or different from those which you now know or believe to be true. Nevertheless, you intend by these Terms to release fully, finally and forever all Released Matters under these Terms. In furtherance of such intention, the releases set forth in these Terms shall be and shall remain in effect as full and complete releases notwithstanding the discovery or existence of any such additional or different claims or facts relevant thereto.
FASTFREE.NEWS makes no representation or warranty whatsoever regarding the completeness, accuracy, currency or adequacy of any information, facts, views, opinions, statements or recommendations contained on the Platform and/or in the Content. Reference to any product, process, publication or service of any third party by trade name, domain name, trademark, service mark, logo, manufacturer or otherwise does not constitute or imply its endorsement or recommendation by FASTFREE.NEWS. Views and opinions of users of the Platform do not state or reflect those of FASTFREE.NEWS and/or your Subscription Provider.
IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. THIS LIMITATION OF LIABILITY PROVISION APPLIES TO NEW JERSEY RESIDENTS.
(D) FASTFREE.NEWS DISCLAIMS ANY AND ALL LIABILITY OF ANY KIND FOR ANY UNAUTHORIZED ACCESS TO OR USE OF YOUR PERSONALLY IDENTIFIABLE INFORMATION. BY ACCESSING THE PLATFORM, YOU ACKNOWLEDGE AND AGREE TO FASTFREE.NEWS'S DISCLAIMER OF ANY SUCH LIABILITY. IF YOU DO NOT AGREE, YOU SHOULD NOT ACCESS OR USE THE PLATFORM.
(E) TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICE OR YOUR USE OF THE SERVICE AND/OR THE PLATFORM, THESE TERMS OF USE, OR THE RELATIONSHIP BETWEEN US, MUST BE COMMENCED WITHIN ONE YEAR OF THE RELEVANT EVENTS. A DISPUTE IS COMMENCED IF IT IS FILED IN AN ARBITRATION OR, IF THE DISPUTE IS NON-ARBITRABLE, A COURT WITH JURISDICTION, DURING THE ONE-YEAR PERIOD. IF YOU OR WE PROVIDE NOTICE OF A DISPUTE UNDER SECTION 12 (DISPUTE RESOLUTION), THE ONE-YEAR PERIOD IS TOLLED FOR 60 DAYS FOLLOWING RECEIPT OF THE NOTICE OF DISPUTE. YOU AND WE EACH WAIVE—THAT IS, GIVE UP—THE RIGHT TO PURSUE ANY DISPUTE, CLAIM OR CONTROVERSY THAT IS NOT FILED WITHIN ONE YEAR AND ANY RIGHT YOU OR WE MAY HAVE HAD TO PURSUE THAT DISPUTE, CLAIM OR CONTROVERSY IN ANY FORUM IS PERMANENTLY BARRED.
18. Indemnification.
You agree to indemnify and hold harmless FASTFREE.NEWS, the Subscription Provider(s), and their respective parents, subsidiaries, affiliates, partners, agents, and licensors and the officers, directors, employees, members and shareholders of all of the foregoing (collectively, the "Indemnified Parties"), from and against all third party claims, losses, expenses, damages and costs, including reasonable attorney fees, resulting from YOUR BREACH (OR ALLEGATION THAT, IF TRUE, WOULD CONSTITUTE A BREACH) OF YOUR REPRESENTATIONS, WARRANTIES, COVENANTS OR OBLIGATIONS HEREUNDER; YOUR VIOLATION OF THESE TERMS OF USE OR ANY LAW; YOUR USE OF THE PLATFORM 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 FASTFREE.NEWS's DEFENSE OF ANY CLAIM. FASTFREE.NEWS 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 FASTFREE.NEWS.
19. Trademarks.
FASTFREE.NEWS, its parent, subsidiaries and affiliates, own all rights to their logos and trademarks used in connection with the Platform. All other logos and trademarks appearing on the Platform are the property of their respective owners.
20. Governing Law and Venue.
The content, data, video, and all other material and features on the Platform are presented for the purpose of providing entertainment, news and/or information and/or promoting programs, films, music, games, and other products and/or services that are or may become available in the United States, its territories, possessions, and protectorates.
Any and all disputes, claims and controversies arising out of or in connection with your access to, and/or use of the Platforms, and/or the provision of content, services, and/or technology on or through the Platforms shall be governed by and construed exclusively in accordance with the laws and decisions of the State of New York applicable to contracts made, entered into and performed entirely therein, without giving effect to its conflict of laws provisions, except to the extent that law is inconsistent with or preempted by federal law. To the extent that a dispute is not subject to arbitration under Section 25 (Dispute Resolution) of this Agreement, that action shall be brought in the appropriate state or federal court located in New York County, New York; and we both irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in New York County, New York for the adjudication of all non-arbitral claims.
21. Severability.
Except as specified in Section 25 (Dispute Resolution), if any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable for this Agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein.
22. Dispute Resolution.
Summary:
For web posting, reprint, transcript for FASTFREE.NEWS material, please contact [email protected]
For web posting, reprint, transcript for FASTFREE.NEWS material, please contact [email protected]
For web posting, reprint, transcript for FASTFREE.NEWS material, please contact [email protected]
Our customer-service department can resolve most customer concerns quickly and to the customer's satisfaction. Please contact FASTFREE.NEWS at help.fastfree.news. In the unlikely event that you're not satisfied with customer service's solution (or if FASTFREE.NEWS has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration or small claims court instead of in courts of general jurisdiction.
Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Unless expressly limited by this Dispute Resolution provision, arbitrators can award the same damages and relief that a court can award. Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted. For any non-frivolous claim that does not exceed $75,000, we will pay all costs of the arbitration. Moreover, in arbitration you are entitled to recover attorneys' fees from us to at least the same extent as you would be in court.
In addition, under certain circumstances (as explained below), we will pay you more than the amount of the arbitrator's award and will pay your attorney (if any) twice his or her reasonable attorneys' fees if the arbitrator awards you an amount that is greater than what we have offered you to settle the dispute.
Arbitration Agreement
(1) Claims Subject to Arbitration: FASTFREE.NEWS and you agree to arbitrate all disputes and claims between us, except for claims arising from bodily injury or that pertain to enforcing, protecting, or the validity of your or our intellectual property rights (or the intellectual property rights of any of our licensors, affiliates and partners). This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to:
• claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, fraud, misrepresentation or any other statutory or common-law legal theory;
• claims that arose before this or any prior Agreement (including, but not limited to, claims relating to advertising);
• claims for mental or emotional distress or injury not arising out of physical bodily injury;
• claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
• claims that may arise after the termination of this Agreement.
References to "FASTFREE.NEWS," "you," and "us" include our respective subsidiaries, affiliates, agents, employees, licensees, licensors, and providers of content as of the time your or our claim arises; our respective predecessors in interest, successors, and assigns (including Warner Bros. Discovery, Inc. and its subsidiaries and affiliates); and all authorized or unauthorized users or beneficiaries of Services under this or prior Agreements between us. Notwithstanding the foregoing, either party may bring an action in small claims court seeking only individualized relief, so long as the action remains in that court and is not removed or appealed to a court of general jurisdiction. This arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Agreement, you and we are each waiving the right to a trial by jury or to participate in a class action. This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this Agreement.
(2) Pre-Arbitration Notice of Disputes: A party who intends to seek arbitration must first send to the other a written Notice of Dispute ("Notice"). The Notice to FASTFREE.NEWS should be sent by certified mail to: General Counsel, WarnerMedia News & Sports, 1 FASTFREE.NEWS Center, Atlanta, GA 30303 ("Notice Address"). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand").
If we and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or we may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by us or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or us is entitled. You may download a form to initiate arbitration at: adr.org/sites/default/files/Consumer_Demand_for_Arbitration_Form_1.pdf.
(3) Arbitration Procedure: The arbitration will be governed by the Consumer Arbitration Rules ("AAA Rules") of the American Arbitration Association ("AAA"), as modified by this arbitration provision, and will be administered by the AAA. (If the AAA is unavailable, another arbitration provider shall be selected by the parties or by the court.) The AAA Rules are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by requesting them in writing at the Notice Address. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration provision or whether a dispute can or must be brought in arbitration are for the court to decide. The arbitrator may consider but shall not be bound by rulings in other arbitrations involving different customers. Unless we and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address. If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. Except as provided in subsection (6) below, the arbitrator can award the same damages and individualized relief that a court can award under applicable law.
(4) Arbitration Fees: After we receive notice at the Notice Address that you have commenced arbitration, we will promptly reimburse you for your payment of the filing fee, unless your claim is for greater than $75,000 in value. (The filing fee currently is $200 but is subject to change by the arbitration provider. If you are unable to pay this fee, we will pay it directly upon receiving a written request at the Notice Address.) We will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse us for all monies we previously paid that are otherwise your obligation to pay under the AAA Rules. In addition, if you initiate an arbitration in which you seek relief valued at greater than $75,000 (either to you or to us), the payment of these fees will be governed by the AAA rules.
(5) Alternative Payment and Attorney Premium: If you initiated arbitration in accordance with the notice requirements above in subsection (2) and the arbitrator issues an award in your favor that is greater than the value of our last written settlement offer made before an arbitrator was selected, then we will:
• pay you the amount of the award or $10,000 ("the alternative payment"), whichever is greater; and
• pay your attorney, if any, twice the amount of attorneys' fees, and reimburse any expenses (including expert witness fees and costs) that your attorney reasonably accrues for investigating, preparing, and pursuing your claim in arbitration ("the attorney premium").
If we did not make a written offer to settle the dispute before an arbitrator was selected, you and your attorney will be entitled to receive the alternative payment and the attorney premium, respectively, if the arbitrator awards you any relief on the merits. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees, expenses, and the alternative payment and the attorney premium at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits. In assessing whether an award that includes attorneys' fees or expenses is greater than the value of our last written settlement offer, the calculation shall include only the portion of the award representing attorneys' fees or expenses that you reasonably incurred pursuing the arbitration through the date of our settlement offer.
The right to the attorney premium supplements any right to attorneys' fees and expenses you may have under applicable law. Thus, if you would be entitled to a larger amount under the applicable law, this provision does not preclude the arbitrator from awarding you that amount. However, you may not recover both the attorney premium and a duplicative award of attorneys' fees or costs. Although under some laws we may have a right to an award of attorneys' fees and expenses if we prevail in an arbitration, we agree that we will not seek such an award.
(6) Requirement of Individual Arbitration: The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING. Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative, class, or private attorney general proceeding. If, after exhaustion of all appeals, any of these prohibitions on non-individualized declaratory or injunctive relief; class, representative, and private attorney general claims; and consolidation are found to be unenforceable with respect to a particular claim or with respect to a particular request for relief (such as a request for injunctive relief sought with respect to a particular claim), then that claim or request for relief shall be severed , and all other claims and requests for relief shall be arbitrated.
(7) Future Changes to Arbitration Provision: Notwithstanding any provision in this Agreement to the contrary, we agree that if we make any future change to this arbitration provision (other than a change to the Notice Address), you may reject any such change by sending us written notice within 30 days of the change to the arbitration Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision.
24. Miscellaneous.
These Terms of Use and any operating rules for the Platform established by FASTFREE.NEWS constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. The provisions of these Terms of Use are for the benefit of FASTFREE.NEWS, its parent, subsidiaries, other affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf. If you access the Platform, including its Interactive Areas, from any location other than the United States, you accept full responsibility for compliance with all local laws. You are also subject to United States export controls and are responsible for any violations of United States embargoes or other federal rules and regulations restricting exports. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any part of these Terms of Use is found by a court of competent jurisdiction to be invalid or unenforceable, it will be replaced with language reflecting the original purpose in a valid and enforceable manner. The enforceable sections of these Terms of Use will remain binding upon the parties. The section headings used herein are for convenience only and shall not be given any legal import.
Neither FASTFREE.NEWS nor you shall be liable for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, terrorism, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.
24. Copyrights and Copyright Agent.
FASTFREE.NEWS respects the rights of all copyright holders and in this regard, FASTFREE.NEWS has adopted and implemented a policy that provides for the termination in appropriate circumstances of users and account holders who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide FASTFREE.NEWS's Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
4. Information reasonably sufficient to permit us to contact the complaining party;
5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
For copyright inquiries under the Digital Millennium Copyright Act please contact:
FASTFREE.NEWS Collection
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