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Our Terms and Policy Agreement have changed. Please agree to the new terms by clicking the check box at the bottom. You will only see this message once.
As used herein the word “I” or “me” or “my” refers to the registered user. “You,” “your” and “we” refers to Unsolved Mysteries and www.unsolved.com, its parents, affiliates, sponsors, successors, assigns, heirs and licensees.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING THIS WEBSITE YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE, FROM TIME TO TIME IN OUR SOLE DISCRETION. WE WILL NOTIFY YOU OF AMENDMENTS TO THESE TERMS AND CONDITIONS BY POSTING THEM TO THIS WEBSITE. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, PLEASE DO NOT ACCESS THIS WEBSITE.
By uploading any photographs, videos, and/or written materials including, without limitation, captions and stories (collectively, “My Materials”), I certify and acknowledge that I wholly-own My Materials or have the sole and exclusive right to permit Unsolved Mysteries and www.unsolved.com to use, edit, publish and otherwise exploit My Materials and my name in connection with My Materials without obligation or liability to me or any other party whatsoever. We may require “reasonable proof of ownership” of the content you submit.
I hereby grant to you the non-exclusive, irrevocable and unconditional right to describe, relate, publish and/or exploit My Materials in such manner as you shall elect, in whole or in part, on your websites and in print and electronic form or in any other media now or hereafter known or devised (including without limitation, books), and in related products and services in connection with any exploitation thereof (including but not limited to clothing, bumper stickers, mugs, toys, posters and other printed materials, and any related promotion and advertising of such items), throughout the universe in perpetuity, and in any advertising, promotion and publicity related thereto in all media now existing or to come into existence in the future. I agree that you shall have the right to edit, change, add to, take from, rearrange, vary, embellish, alter, modify, revise, translate, reformat and/or reprocess My Materials in any manner you may in your sole discretion determine and to use them as you in your sole discretion may determine and to make derivative works of the same, in whole or in part, or not to use any of My Materials, without notifying me and without obligation to me; and I waive any right to inspect or approve the final display or other exploitation of My Materials now or in the future, whether that use is known to me or unknown, and I waive any right to royalties or any other compensation arising from or related to the use of My Materials. I waive any right to sue even if what I feel was created was defamatory.I hereby give Unsolved.com (hereafter referred to as “you”) the right to make visual and audio recordings of me, and I give you the irrevocable right to use such recordings as well as my name, voice, appearance, activities and experiences in connection with the website unsolved.com. Such use includes promotions, publicity and advertising.
I represent and warrant that I have the right to enter into this agreement and to grant, without the consent of any third parties, all the rights herein granted; that I have not exclusively granted or assigned or otherwise transferred such rights to any third parties; and that there are no claims, litigation or other proceedings pending or threatened which could in any way impair, limit or diminish the rights granted to you hereunder. I, on behalf of myself, my successors, heirs, representatives and assigns, hereby irrevocably covenant that I will not assert a claim or maintain an action or suit and will not consent to the assertion or maintenance by others of any claim, action or suit (including, but not limited to claims, actions or suits for invasion of my rights of privacy, rights of publicity, defamation or rights in the nature of “droit moral”) of any kind on account of the exercise by you of any of the rights herein granted or agreed to be granted to you.
I represent and warrant that if any minors appear in My Materials, I am the mother, father or duly appointed guardian of such minors or have the irrevocable permission of the parents or duly appointed guardian(s) of such minors to grant the rights set forth herein to you on behalf of such minors.
I agree to indemnify and defend you, and hold you harmless from and against any and all liability, losses, damages, costs, expenses (including but not limited to attorneys’ fees), judgments and penalties arising out of, resulting from, based upon or incurred because of the breach of any warranty, representation or agreement made by me hereunder (including, without limitation, with respect to any claims that I lack the authority to grant all of the rights (including rights of third parties and minors) herein granted). I agree that I will have no rights to terminate or rescind any rights granted to you hereunder or to enjoin the publication, production, exhibition or distribution or exploitation of any work based thereon.
IN NO EVENT WILL YOU BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, ARISING OUT OF MY USE OF YOUR WEBSITES OR YOUR REMOVAL FROM YOUR WEBSITES OF, OR DISCONTINUATION OF ACCESS TO, MY MATERIALS. WITHOUT LIMITING THE FOREGOING, YOUR WEBSITES AND ALL MATERIALS PROVIDED ON OR THROUGH YOUR WEBSITES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU DO NOT NOW AND SHALL NOT IN THE FUTURE HAVE ANY DUTY OR LIABILITY, DIRECT OR INDIRECT, VICARIOUS, CONTRIBUTORY, OR OTHERWISE, WITH RESPECT TO THE INFRINGEMENT OR PROTECTION OF MY INTELLECTUAL PROPERTY RIGHTS, IF ANY, WITH RESPECT TO ANY SUBMISSION OF MATERIAL.
This release is governed by and shall be construed in accordance with the laws of the State of California, United States of America, without regards to its principles of conflicts of law.
1.In the event of any dispute arising out of or in connection with this agreement or otherwise in connection with your websites or My Materials, such dispute shall be submitted to arbitration in the County of Los Angeles, State of California, United States of America in accordance with the commercial rules and regulations of the American Arbitration Association then in effect (as amended herein), provided that said arbitration shall be heard before a single arbitrator, who shall be a retired judge, selected pursuant to such rules and regulations, and shall be conducted on an expedited basis and in confidence.
This agreement shall bind my heirs, administrators, representatives, executors and assigns forever. You shall have the right to assign any or all of your rights hereunder to any person, firm or entity in your sole discretion. I may not assign this agreement to any third party, and any purported attempt to do so shall be deemed null and void ab initio.
I give you the foregoing permission with the knowledge and understanding that you will incur substantial expense in reliance thereon. If any part of this agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
I am of the age of majority in my state of residence (which is typically 18 years of age in most states) and competent to contract in my own name. I HAVE READ THIS SUBMISSION RELEASE AND I FULLY UNDERSTAND AND FREELY ACCEPT THE CONTENTS AND MEANING OF THIS AGREEMENT. I AGREE TO BE BOUND HEREBY AND INDICATE MY ACCEPTANCE OF THESE TERMS BY CLICKING THE BOX BELOW. MY electronic consent to this Agreement (or to any other agreement between ME AND YOU), whether by clicking THE BOX BELOW or similar buttons provided in conjunction with any such agreement, shall constitute MY electronic signature and, according to the provisions of UNITED STATES federal law (INCLUDING, WITHOUT LIMITATION, UNITED STATES COPYRIGHT LAW), shall be of the same effect as if I had signed such agreement manually. UPON YOUR request, I agree to sign a non-electronic version of this Agreement. A printed version of this Agreement and/or of any notice given in electronic form shall be admissible in judicial, administrative, or arbitration proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated.
Complaints about content, including complaints arising state or federal law involving the unsolved website should be made to unsolved@unsolved.com or at Unsolved Mysteries, 4303 W. Verdugo Ave., Burbank, CA 91505. For questions regarding Unsolved’s compliance with the Digital Millennium Copyright Act please see our DMCA policy [https://unsolved.com/dcma-agreement/]
PRIVACY POLICY
Cosgrove Meurer Productions, Inc. (“CMP”) provides www.unsolved.com (the “Website”) and related services for your personal non-commercial use only and subject to your compliance with this Privacy Statement and Cosgrove Meurer Productions, Inc. Terms of Use Agreement. Please read this Agreement carefully before using this Website. Your use of this Website constitutes your acceptance to be bound by this Agreement without limitation, qualification or change. If at any time you do not accept all the terms and conditions of this Agreement, you must immediately discontinue use of this Website. This Agreement sets forth Cosgrove Meurer Productions, Inc. policies with respect to its operation of this Website.
Certain products or services offered by this Website may be governed by additional terms (“Additional Terms”) presented in conjunction with those products or services. You must agree to these Additional Terms before using those areas or Cosgrove Meurer Productions, Inc. Services. The Additional Terms and this Agreement shall apply equally. In the event of an irreconcilable inconsistency between the Additional Terms and this Agreement, the Additional Terms shall control.
YOU MAY NOT USE THIS WEBSITE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THIS AGREEMENT AND/OR ANY APPLICABLE ADDITIONAL TERMS. YOUR ACCESS TO THIS WEBSITE MAY BE TERMINATED IMMEDIATELY IN COSGROVE MEURER PRODUCTIONS, INC. SOLE DISCRETION, WITH OR WITHOUT NOTICE, IF YOU FAIL TO COMPLY WITH ANY PROVISIONS OF THIS AGREEMENT AND/OR ADDITIONAL TERMS, OR FOR ANY OTHER REASON, OR FOR NO REASON.
This Agreement informs you of Cosgrove Meurer Productions, Inc. practices with respect to the online collection, use, and disclosure of personal information from the Website. Personal information is information that allows us to contact you (such as email address, home address, or telephone number) or other information that, when linked to your name or contact information, allows us to personalize your visit to our Website by providing you with information that suits your interests.
DATA WE COLLECT
Personal Data
We collect information (whether online, by phone, or by paper) that enables CMP to identify or contact you (“Personal Data”) to carry out our business purposes. CMP Sites collect this information for a variety of business reasons, including but not limited to, providing tips, registering for an CMP event or program, purchasing CMP products or services, or otherwise interacting with CMP.
The types of Personal Data we collect include, but are not limited to:
Personal data is not collected without your providing that information to us.
Non-Personal Data
We collect information (whether online, by phone, or by paper) that does not directly identify you as you interact with our Sites (“Non-Personal Data”). The types of Non-Personal Data we collect includes, but is not limited to:
HOW CMP USES YOUR DATA
In addition to the uses described above, we use your Personal Data, sometimes combined with Non-Personal Data, in a variety of ways including, but not limited to:
Personal Data
Non-Personal Data
We use Non-Personal Data to improve the usability of our Sites and for other business reasons. We or other third-party companies also use the Non-Personal Data to provide advertisements and targeted advertisements to you (ads based on the Non-Personal Data). We do not provide Personal Data to third parties with whom we share your Non-Personal Data. Please note that, when you select an advertising link or other link that takes you to sites not operated by CMP, you may be subject to the privacy policies of these third-party sites.
PERSONAL DATA COLLECTED FROM THE UNSOLVED APPLICATION
We may also obtain demographic and other personally identifiable information (such as your name, email address, password and PIN) that you voluntarily give to us when choosing to participate in various activities related to the Unsolved Application, including chat, posting messages in comment sections or in our forums, liking posts, sending feedback, and responding to surveys.
If you do not turn off your phone’s location services, you may send us your geographic location. If your camera roll is set to share, you may make your camera roll available to us. If you have signed up to receive push notifications, you will receive those from the Unsolved Application.
HOW WE SHARE YOUR DATA
We share your Personal Data, sometimes combined with Non-Personal Data, in a variety of ways including, but not limited to the below:
Your email address will be used only by the CMP, its entities and CMP vendors performing member services, or offering products on CMP’s behalf. CMP does not sell or rent email addresses to anyone outside the CMP, nor does CMP share email addresses to unrelated third-parties, affiliates, or CMP members. CMP also shares your email address with third parties to enable CMP to take security measures to help protect against unauthorized access to or unauthorized alteration, disclosure, or destruction of data. Finally, CMP shares email addresses with third parties as necessary for CMP to perform certain services on our behalf, such as packaging, mailing and delivering products and processing event registrations and to respond to your service requests.
HOW YOU CAN MANAGE YOUR DATA WE COLLECT
You can manage your profile and email preferences, including “opting out” of email by contacting us. If you prefer to receive hard copy mailings only from CMP, you can contact us and request to have your name and address removed from the list we provide to third parties.
For California residents, please consult the “California Privacy Rights” section for additional considerations.
Our processing of your data is based upon your consent, contract performance (e.g., your purchase of products), legitimate business interest (e.g., direct marketing of goods and services), or compliance with law. You have the right to object to our processing of your data or to restrict our processing of your data. In addition, if you have consented to the processing of your Personal Data, you have the right to withdraw your consent at any time.
CALIFORNIA PRIVACY RIGHTS
In addition to the rights as explained in this Privacy Policy, under California law, California residents who provide personal information (as defined in the statute) to obtain products or services for personal, family, or household use are entitled to request and obtain from us, once a calendar year, information about the personal information we shared, if any, with other businesses for marketing uses. If applicable, this information would include the categories of personal information and the names and addresses of those businesses with which we shared such personal information for the immediately prior calendar year (e.g., requests made in the current year will receive information about the prior year).
To obtain this information please write to us at:
Unsolved
4303 Verdugo Ave.
Burbank, CA 91505
Attn: CMP -- California Privacy Law.
Please include your full name and address.
CANADIAN ANTI-SPAM LAW
CMP complies with the Canada Anti-Spam Law which requires you to opt-in to receive unauthorized Commercial Electronic Messages (as defined under the Canada Anti-Spam Law).
[DO WE DO THIS??]
HOW WE PROTECT PERSONAL DATA
CMP implements commercially reasonable security measures to help protect against unauthorized access to or unauthorized alteration, disclosure, or destruction of data. Except for membership directories, membership lists and registration lists, and the sharing of information as set forth in this Privacy Policy, we restrict access to Personal Data to certain companies who need the data to operate, develop, or improve our services. These individuals or partner organizations are bound by confidentiality obligations and may be subject to discipline, including termination and criminal prosecution, if they fail to meet these obligations.
Unfortunately, no data transmission over the Internet or electronic storage is fully secure. Accordingly, and despite our reasonable efforts to protect your Personal Data from unauthorized access, use, or disclosure, CMP cannot guarantee or warrant the security of the Personal Data you transmit to us, or to or from our online Sites. If you have questions about this Privacy Policy, please contact us.
Certain areas of the Sites require the use of a user ID, email address, or password as an additional security measure that helps protect your Personal Data. To help you protect your privacy, these Sites have tools to help you log in and log out.
ACCESSING, CHANGING AND DELETING PERSONAL INFORMATION
We rely on you to update and correct your Personal Data. If you are a user of our Sites, subscriber to [CMP product], purchaser of CMP products and services, you can review, update and correct your information directly on CMP’s website or by contacting us using the information in the “Contact Information” section below.
Typically, we retain your Personal Data for the period necessary to fulfill the purposes outlined in this Privacy Policy, unless a longer retention period is required or permitted by law. This may include retaining your Personal Data indefinitely, even after you are no longer a CMP member, in order to provide you with future marketing opportunities and other purposes, as well as to comply with our legal obligations, resolve disputes, or enforce any of our agreements.
Please note that you can request, at any time, that we delete your Personal Data. All requests must be directed to the contact in the “Contact Information” section below. We can decide to delete your Personal Data if we believe that the data is incomplete, inaccurate, or that our continued use and storage are contrary to our obligations to other members, individuals, or third parties. When we delete your Personal Data, it will be removed from our active databases or anonymized so that the data is no longer identified with you, but the data may remain in our archives if CMP determines that it is not practical or possible to delete it.
Your Personal Data is processed in the United States, where privacy laws may be less stringent than the laws in your country and where the government, courts, or law enforcement may be able to access your data. By submitting your Personal Data to us, you agree to the transfer, storage and processing of your Personal Data in the United States.
You, as the data subject, have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work, or place of the alleged infringement, if you believe that the processing of your personal data does not comply with legal requirements.
In the event we determine the occurrence of a data security incident, we will notify you by email, US mail, telephone, or other means as permitted by law.
If you have questions, comments, or complaints concerning our privacy practices or if you wish to change, access, or remove your Personal Data, please contact us as indicated below. We will attempt, where practical, to respond to your requests and to provide you with additional privacy related information.
Cosgrove Meurer Productions, Inc. is the owner of this Website and retains all ownership rights to the information collected at this Website. Cosgrove Meurer Productions, Inc. reserves the right to change, modify, add, or remove provisions of this Privacy Statement. Any changes to this Privacy Statement will be posted here, and we encourage you to check back from time to time. In addition, Cosgrove Meurer Productions, Inc. will notify registered users of changes as they occur.
We allow third-party companies to serve ads and/or collect certain anonymous information when you visit our web site. These companies may use non-personally identifiable information (e.g., click stream information, browser type, time and date, subject of advertisements clicked or scrolled over) during your visits to this and other Web sites in order to provide advertisements about goods and services likely to be of greater interest to you. These companies typically use a cookie or third party web beacon to collect this information. To learn more about this behavioral advertising practice or to opt-out of this type of advertising, you can visit networkadvertising.org. Your use of the site constitutes your agreement to accept cookies, beacons and third-party advertising. Cosgrove Meurer Productions, Inc. assumes no responsibility for third-party ads.
ARTICLE 1. Personalization
1.1 We may use the contact information you give us to better tailor your Website experience to your interests, and to send you information about Cosgrove Meurer Productions, Inc. and its services as well as promotional material on behalf of some of our partners. We may use other information that you provide to us to show you content in which you may be interested and to display the content according to your preferences. We will also share this information within Cosgrove Meurer Productions, Inc. in order to enhance your experience on this and other Cosgrove Meurer Productions, Inc. Websites.
1.2 In addition, we may share this information with advertisers or other third parties that are not part of the Cosgrove Meurer Productions, Inc. family on an aggregate or other basis that does not disclose your identity or contact information.
ARTICLE 2. Online Surveys/Contests
2.1 From time to time, we may conduct online surveys and contests. These may ask you for contact information (like name or email address) and demographic information (like zip code or age).
2.2 We may use this contact information from our surveys and contests to provide you with information about our company and promotional material on behalf of some of our partners, and to contact you when necessary.
ARTICLE 3. Shopping/Commercial Services
3.1 This Website may offer shopping services, which may be offered by us or by a firm that operates a store under contract with us. If our Website offers shopping or other commercial services, you will use a customer order form to request information, products, and services. The order form will ask you to give us contact information (like name or email address), financial information (like account or credit card numbers), and demographic information (like zip code or age).
3.2 We will use the financial information that you provide to bill you for products and services. By giving our Website your credit card and related personal information, you are authorizing our store to give that information to the merchant and credit card company in order to confirm and fulfill your order.
3.3 We will use contact information from the order form to fulfill your orders. We may also use contact data to get in touch with you when necessary. We will not otherwise use or distribute your financial information without your prior approval.
ARTICLE 4. Public forums
4.1 This Website may make available chat rooms, blogs, forums, message boards, and news groups. Please remember that any information that you disclose in these areas becomes public information and you should exercise caution when deciding to disclose your personal information. Information disclosed by you or by others enters the public domain and may be freely used by any other persons or entities using the site.
ARTICLE 5. Information Sharing With Third Parties
5.1 From time to time we may enter into a special relationship with another company that is not owned by Cosgrove Meurer Productions, Inc. to provide additional features at this Website. These special relationships may include “powered by” partners, business partners, sponsors, and co-branded sites (referred to here as “co-branded pages”). These might include, for example, pages that share our name and that of another entity. You should look for a specific privacy statement on any such co-branded page. Any personal information that you provide when signing up at one of those co-branded pages may be shared with our third party partner. You should also check our partner’s website for information regarding its privacy policies.
5.2 Also, the nature of some features of our Website may require that we share personal information about you with persons or companies outside of Cosgrove Meurer Productions, Inc. For example, this may occur at a feature that enables you, via our Website, to ask questions of persons or entities that are not part of Cosgrove Meurer Productions, Inc. By responding to those features of the site, whether by email or direct entry of information on our Website, you are consenting to our transferring that information to such persons or entities.
5.3 With respect to specific registration modules, like contests, we may disclose personal information collected, and we may post a conspicuous statement on the registration module to the effect that we will be disclosing the information collected with third parties.
5.4 Finally, we may share any of the information collected from you with these other non- Cosgrove Meurer Productions, Inc companies in an aggregate basis. The aggregated information is not linked to any information that can identify you.
ARTICLE 6. IP Address and Log Files
6.1 We may use your IP address to administer our Website, to help diagnose problems with our server, to analyze trends, to track users’ webpage movements, to help identify you and your shopping cart, and to gather broad demographic information for aggregate use.
ARTICLE 7. Cookies
7.1 This Website may use a standard technology called a “cookie” to collect information about how you use the Website. Cookies reside on your computer and help our Website to recognize your computer’s browser as a previous visitor. This information allows us to customize delivery of information. For example, our Website may use cookies to save and remember registration information or preferences that you may have set while browsing the Website, to keep track of your shopping cart, to ensure you don’t see the same ad content repeatedly, to deliver content specific to your interests, and to save your password so you do not have to re-enter it each time you visit our site. We use cookies only to gather information as indicated in this policy.
7.2 In addition, on occasion our site may also set a “session cookie” which helps us administer the Website. The session cookie expires when you close your browser and does not retain any information about you after it expires.
7.3 Finally, we may also use an ad network provider to help present advertisements on this and other Cosgrove Meurer Productions, Inc. websites. This ad network provider, like other advertising service vendors, uses cookies, web beacons, or similar technologies on the hard drive of your computer to serve you advertisements tailored to interests you have shown by browsing on this and other sites you have visited, and to determine whether you have seen a particular advertisement before and to avoid sending you duplicate advertisements. In doing so, the provider collects non-personal data such as your browser type, your operating system, web pages visited, time of visits, content viewed, ads viewed, and other clickstream data. The use of cookies, web beacons, or similar technologies by these ad network providers is subject to their own privacy policies, not ours, and Cosgrove Meurer Productions, Inc. assumes no responsibility for the collection or use of such information.
ARTICLE 8. Banner Advertising
8.1 We have contracted with an ad-service to place banner advertising on our Website. All of the data provided and generated by the ad-server software remains in our possession. This feature of our Website may, on occasion, set “cookies” on your computer. Any information collected or stored by the ad-service or the cookies is treated in the same manner as other information described in this statement.
ARTICLE 9. Children’s Personal Information
9.1 Consistent with the Children’s Online Privacy Protection Act:
9.1.1 This site does NOT collect, use, or disclose personal information (including online contact information) of children under the age of thirteen (13).
9.1.2 In the event that a child under the age of 13 attempts to register on our site, we will NOT accept the registration and will delete information received from the child.
9.1.3 In the event that a child posts personal information in a public forum such as a chat room, we will attempt to delete that information once we become aware of it.
ARTICLE 10. Security of Your Personal Information
10.1 Cosgrove Meurer Productions, Inc. employs reasonable security measures consistent with standard industry practice, for information collected through this Website. We believe that we have adequate security measures in place in our physical facilities to protect against the loss, misuse, or alteration of the information we collect on our Website. We also use internal protections to limit access to users’ personal information to only those employees who need the information to perform a specific job.
ARTICLE 11. Sale or Merger
11.1 If this Website is sold to, or merges with, another company not owned by Cosgrove Meurer Productions, Inc., you should expect that some or all of the information collected from this Website may be transferred to the buyer/surviving company. If so, CMP will seek to obligate the acquiring company to use any personal information transferred by this Website in a manner consistent with this statement, but cannot guarantee that it will be able to impose that requirement or that the acquiring company will comply.
ARTICLE 12. Legal Process
12.1 You should be aware that Cosgrove Meurer Productions, Inc. may be required to disclose your personal information to the government or third parties under certain circumstances, such as in court or regulatory proceedings.
ARTICLE 13. Contacting the Website
13.1 If you have any questions about this Privacy Statement, the practices of this Website, or your dealings with this Website, please contact us at: unsolved@unsolved.com.
ARTICLE 14. general information
14.1 Choice of Law: This Agreement and the Additional Terms shall be governed by, construed and enforced in accordance with the laws of the State of California , as it is applied to agreements entered into and to be performed entirely within such state, without regard to conflict of law principles.
14.2 Choice of Forum: You agree that any cause of action you or Cosgrove Meurer Productions, Inc. brings to enforce this Agreement and/or the Additional Terms, or in connection with any matters related to this Website and/or the Privacy Statement, shall be submitted to arbitration in the County of Los Angeles, State of California, United States of America in accordance with the commercial rules and regulations of the American Arbitration Association then in effect (as amended herein), provided that said arbitration shall be heard before a single arbitrator, who shall be a retired judge, selected pursuant to such rules and regulations, and shall be conducted on an expedited basis and in confidence. The arbitrator’s decision shall be controlled by the terms and conditions of this agreement and any other agreements I may enter into with you, and shall be final and binding, and shall provide for each party to bear its own costs of arbitration and attorneys’ fees. Each party expressly waives any right to a jury. Judgment upon the award of the arbitrator may be entered or enforced in any court of competent jurisdiction.
14.4 If any provision of this Agreement, or the application thereof to any person or circumstances, is held invalid or for any reason unenforceable then such provision shall be deemed superseded by a valid, enforceable provision that matches, as closely as possible, the original provision, and the other provisions of this Agreement shall remain in full force and effect. The failure of either party to insist upon strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Unless expressly provided otherwise, this Agreement is the entire agreement between you and Cosgrove Meurer Productions, Inc. with respect to the use of this Website and shall not be modified except in writing, signed by an authorized representative of Cosgrove Meurer Productions, Inc.
ARTICLE 15. European Union and Other Foreign Nations
15.1 This Website is governed by and operated in accordance with the laws of United States of America and is intended for enjoyment of residents of the United States. Cosgrove Meurer Productions, Inc. makes no representation that this Website is governed by or operated in accordance with the laws of other nations. By using this Website and submitting any personal information, visitors from outside of the United States acknowledge this Website is subject to U.S. law, consent to the transfer of personal data to the U.S., and waive any claims that may arise under their own national laws.
