TERMS OF USE

OWNZONES MEDIA NETWORKS, INC.

(POSTED JULY 31, 2014. Our terms have changed EFFECTIVE IMMEDIATELY FOR USERS WHO USE THE SITE (AS DEFINED BEL0W) ON OR AFTER JULY 31, 2014 AND ON AUGUST 30, 2014, FOR USERS WHO USED THE SITE (OR SIGNED UP FOR SERVICES ON THE SITE) PRIOR TO JULY 31, 2014. THESE TERMS OF USE SUPERSEDE ALL PREVIOUS VERSIONS OF THE OWNZONES MEDIA NETWORK, INC. TERMS OF USE.)

These Terms of Use govern your use of the www.ownzones.com website (the "Site"). The Site is provided to you by OWNZONES Media Network, Inc., a Nevada corporation  (“we” “us” “our” or “OWNZONES”). These Terms of Use constitute a binding legal contract between you and us. By using the Site, you accept these terms. If you do not accept these terms, you should not use the Site. 

The Internet is an evolving medium. If we need to change these Terms of Use at some point in the future, we'll notify you about significant changes in these Terms of Use by sending an email to the address registered in your account, or by placing a prominent notice on our Site, so that you can choose whether to continue using our Site. By continuing to use the Site after we post or notify you of any such changes, you accept the Terms of Use as modified.

We reserve the right to deny access to the Site, or any service provided via the Site, to anyone who violates these Terms of Use or who, in our judgment, interferes with the ability of others to enjoy the Site, or infringes the rights of others.

These Terms of Use contain an Agreement to Arbitrate, which will, with limited exception, require you to submit claims you have against us to binding and final arbitration, unless you opt out of the Agreement to Arbitrate (see below under "AGREEMENT TO ARBITRATE") by the date which is 30 days after the date you accept these Terms of Use for the first time. Unless you opt out: (1) you will only be permitted to pursue claims against OWNZONES on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding, and (2) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.

PRIVACY.

We respect the privacy of the users of our Site. Please take a moment to review our Privacy Policy.   If you object to anything in the Terms of Service or Privacy Policy, do not use the Site or any of the services offered by the Site.

INTELLECTUAL PROPERTY RIGHTS.

Access to Content by You.

The content available through the Site ("Content") and the trademarks, service marks and logos contained therein is our property, or the property of our affiliates or licensors, and is subject to copyright, trademark and other intellectual property rights under United States and foreign laws and international conventions. Content includes, without limitation, all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics. You may use the Site and Content for your personal, non-commercial use only if you keep intact all copyright and other proprietary notices. You may not otherwise reproduce or distribute (including by email or other electronic means) any of the Content without the prior written consent of an authorized representative of us. Of course, you're free to encourage others to access the Content themselves on our Site and to tell them how to find it. Additionally, you may establish a hypertext link to this Site so long as the link does not state or imply any sponsorship of or affiliation with your site by us.

Your License to Us.

By submitting material to us, you are representing that you are the owner of the material, or you are making your submission with the express consent of the owner. By submitting material to any public posting areas of this Site, such as any ratings, reviews, or comments area, you agree that we, and our partners, agents, affiliates and service providers (collectively, "Third Party Providers"), may reproduce, modify, and distribute such material as we see fit in any medium and for any purpose. You grant us the world-wide, perpetual, royalty free and non-exclusive license to reproduce, modify, adapt and publish such material on the Site. You also grant us the worldwide, perpetual, royalty free, irrevocable, non-exclusive and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed. You also agree that we and our Third Party Providers may identify you as the author of any of your postings by name, email address or screen name as we see appropriate. We also reserve the right (but assume no obligation) to delete, move, or edit any postings or submissions that we consider unacceptable or inappropriate, whether for legal or other reasons.

Trademarks.

OWNZONES’ service marks, product and service names, and other corporate indicia (the "OWNZONES Marks") are the property of OWNZONES. Except as expressly provided herein, you agree not to display or use in any manner any of the OWNZONES Marks without our prior permission.

ONLINE TRANSACTIONS.

You agree to be financially responsible for all transactions made by you or someone acting on your behalf through the Site. Except as otherwise provided herein, you agree to use the Site and services or products, as accessed by you, through the Site for legitimate, non-commercial purposes only. Except as otherwise provided herein, you agree to only access goods or services for yourself or for another person for whom you are legally permitted to do so. Except as otherwise provided herein, when transacting on behalf of a third party that requires you to submit the third party's personal information to us or to a merchant, you represent that you have obtained the express consent of such third party to provide such third party's personal information.

REGISTRATION.

To access certain features of our Site, you may be asked to register with us on the form provided, and such registration may require you to provide personally identifying information such as your name, address and email address, and also may ask you to provide certain demographic information such as your gender and date of birth. Our services that require registration are only available to persons aged 18 years and older. By registering, you represent that you are 18 years or older. You also represent that your registration does not violate any applicable law or regulation. Furthermore, you agree to provide true, accurate, current and complete information about yourself as prompted by the applicable registration form. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account. If we have reasonable grounds to suspect that such information is untrue, inaccurate or incomplete, we reserve the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). Our use of any personally identifiable information you provide to us as part of the registration process is governed by the terms of our Privacy Policy.

BILLING.

By starting your OWNZONES subscription, you are expressly agreeing that we are authorized to charge you a monthly subscription fee at the then current rate to the payment method you provided during registration (or to a different payment method if you change your account information) ("Payment Method"). Please note that prices and charges are subject to change with 30 days written notice provided by email to the address associated with your account. As used in these Terms of Use, "billing" shall indicate either a charge or debit, as applicable, against your Payment Method. The subscription fee will be billed at the beginning of the paying portion of your subscription and each month thereafter unless and until you cancel your subscription. Subscription fees are fully earned upon payment.

Click the My Account link on any ownzones.com page to see the end date for your current subscription period. We automatically bill your Payment Method each month on the calendar day corresponding to the day your paid subscription started. In the event your paid subscription began on a day not contained in a given month, we will bill your Payment Method on the last day of such month. For example, if you started your OWNZONES paid subscription on January 31st, your next payment date would be February 28th and your Payment Method would be billed on that date. You acknowledge that the amount billed each month may vary from month to month for reasons that may include differing amounts due to promotional offers, and you authorize us to charge your Payment Method for such varying amounts. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or related charges. Check with your bank and credit card issuers for details.

PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance. We may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes by email. If you want to use a different Payment Method or if there is a change in Payment Method, such as your credit card validity or expiration date, you may edit your Payment Method information by clicking the My Account link on any ownzones.com page. If your Payment Method is a credit card, and your credit card reaches its expiration date and you do not edit your Payment Method information or cancel your account (see, "Cancellation" below), you authorize us to continue billing that Payment Method and you remain responsible for any uncollected amounts.

ONGOING SUBSCRIPTION.

WITH  THE EXCEPTION OF ONE-TIME CHARGES FOR ONE-TIME EVENTS, YOUR OWNZONES SUBSCRIPTION WILL CONTINUE MONTH-TO-MONTH UNLESS AND UNTIL YOU CANCEL YOUR SUBSCRIPTION OR WE TERMINATE IT. YOU MUST CANCEL YOUR SUBSCRIPTION BEFORE IT RENEWS EACH MONTH IN ORDER TO AVOID BILLING OF THE NEXT MONTH'S SUBSCRIPTION FEES TO YOUR PAYMENT METHOD. WE WILL BILL THE MONTHLY SUBSCRIPTION FEE TO THE PAYMENT METHOD YOU PROVIDE TO US DURING REGISTRATION (OR TO A DIFFERENT PAYMENT METHOD IF YOU CHANGE YOUR ACCOUNT INFORMATION). SUBSCRIPTION FEES ARE FULLY EARNED UPON PAYMENT.

FREE TRIAL OFFERS.

OWNZONES may offer limited-time free trial subscriptions to certain you from time-to-time. Users who sign up for Content on a free trial basis may have limited access to such Content or other features of the Site. If you sign up for a free trial subscription, after the expiration of the free trial period, you will be charged the price then in effect for a subscription to the Content, unless otherwise provided to you when you originally subscribed. If you do not want to have continued access to the Content after the expiration of the free trial period, you must cancel your subscription within thirty (30) days of being charged the subscription fee for the Content. Upon cancellation, your credit card will be refunded for the amount of the most recent subscription charge, if any, so long as you have not used the subscription or accessed the Content following the expiration of the free trial period.

ACCESS TO CONTENT.

The Site provides you access to a variety of Content, including without limitation, digital books, magazines, articles, music and video, subject to your account being charged the appropriate one-time fee or subscription fee. Your payment for Content is for the purpose of providing you with a limited, non-exclusive license to access such digital content and you do not have any ownership right in or to any Content on the Site. Since the Site provides a streaming solution for Content, you are not currently able to permanently or temporarily download any Content on any device such as your personal computer, mobile phone or tablet. Your subscription or payment for Content means you are entitled to access such Content through the Site for so long as the third party content provider permits or makes such content available to OWNZONES as part of OWNZONES' agreement with its Third Party Providers. In the case of a one-time fee for Content, this time period may mean you are able to access such Content, as an example only, for a specified period of time from your date of payment. In the case of a subscription, you are permitted to access the Content through the Site so long as you maintain and pay for a subscription on OWNZONES subject to the terms of this Agreement and of our agreements with Third Party Providers. 

OWNZONES changes, rearranges, adds or deletes content on an ongoing basis in order to refresh its Content offerings and for various other reasons. OWNZONES may sell subscriptions to Content "bundles" which may offer access to certain groupings of Content at a different price from unbundled Content. OWNZONES' ability to continue offering particular Content from Third Party Providers, either separately or in bundles, may change due to pricing or other contractual terms with such Third Party Providers. OWNZONES reserves the right to offer Content bundled or unbundled, and to change or discontinue the Content included in a bundled offering, at any time. OWNZONES will endeavor to notify you of any substantial changes to its Content and the effective date of such change(s). If you do not accept the proposed change(s), you have the right to cancel your subscription and/or terminate your account, and stop using the Site, as provided in these Terms of Use. If you do not cancel or terminate, your continued access and use of the Site will constitute acceptance of any changes.

PASSWORDS.

To use certain features of the Site, you will need a user ID and password, which can be created through the Site's registration process. You are responsible for maintaining the confidentiality of the password and account, and you are responsible for all actions taken (whether taken by you or by other authorized users of your account) by users of your password or account. IF YOU DISCLOSE YOUR PASSWORD TO ANYONE OR SHARE YOUR ACCOUNT AND/OR DEVICES WITH OTHER PEOPLE, YOU TAKE FULL RESPONSIBILITY FOR THEIR ACTIONS.

ACCOUNT ACCESS; IDENTITY PROTECTION.

In order to provide you with ease of access to your account and to help administer our service, we implement technology that enables us to recognize you as the account holder and provide you with direct access to your account without requiring you to retype any password or other user identification when you revisit the Site.

Where possible, users of public or shared devices should log out at the completion of each visit. If you fail to log out, subsequent users may access the OWNZONES service through your account and may be able to access certain of your account information.

If you find that you're a victim of identity theft and it involves an OWNZONES account, you should notify Customer Service immediately. Also, you should be mindful of any communication requesting that you submit credit card or other account information. Providing your information in response to these types of communications can result in identity theft. Always access your sensitive account information by going directly to the OWNZONES website and not through a hyperlink in an email or any other electronic communication, even if it looks official.

We reserve the right to place any account on hold anytime with or without notification to the member in order to protect itself and its partners from what it believes to be fraudulent activity. We are not obligated to credit or discount a membership for holds placed on the account by either a representative of us or by our automated processes.

You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. We disclaim any liability for loss or damage caused by or related to your failure to protect your password or account information.

MODIFICATIONS TO THE SITE.

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site.

CANCELLATION.

You may cancel your OWNZONES subscription at any time. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH SUBSCRIPTION PERIODS.

Cancelling channel access is an easy few-step process. From the home page, click My Account from the dropdown menu at the top-left of the page. From there, you will select My Purchases, which will bring you to a list of your current channel(s).  Across from each listing you will see a ‘subscribe’ checkbox, which you will want to unmark.  Take that step for any channel you are no longer interested in, and your subscription will be cancelled and no further charges will be applied.

TERMINATION.

These Terms of Use shall remain in full force and effect while you use the Site or any OWNZONES ready device, or otherwise maintain an account with us. You may terminate your use or participation at any time, for any reason, by following the instructions for cancelling user accounts (See "CANCELLATION" above). WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE AND ITS CONTENT, TO ANY PERSON OR ENTITY FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR LACK OF USE, BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THESE Terms of Use, VIOLATION OF THE SPIRIT OF THESE TERMS OF SERVICE, OR VIOLATION OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR ACCOUNT AND USE OF THE SITE, DELETE YOUR PROFILE AND ANY CONTENT OR INFORMATION THAT YOU HAVE POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION AND WITHOUT LIABILITY TO YOU OR ANY THIRD PARTY. YOU UNDERSTAND THAT CERTAIN STATES ALLOW YOU TO CANCEL THIS AGREEMENT, WITHOUT ANY PENALTY OR OBLIGATION, AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY FOLLOWING THE DATE OF THIS AGREEMENT, EXCLUDING SUNDAYS AND HOLIDAYS. THIS SECTION APPLIES ONLY TO INDIVIDUALS RESIDING IN STATES WITH SUCH LAWS.

THIRD-PARTY SITES.

The Site may provide, or third parties may provide, links to other websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, including, without limitation, advertising, products, or other materials, on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, advertising, products, materials, goods or services available on or through any such site or resource.

INTERACTIVE FEATURES.

This Site may include a variety of features, such as ratings, reviews, and comments, which allow feedback to us and real-time interaction between users. Responsibility for what is posted on ratings, reviews, comments and other public posting areas on the Site, or sent via any email services provided by the Site, lies with each user. You alone are responsible for the material you post or send. We have the right but not the obligation to monitor ratings, reviews, comments, or other areas of the Site through which users can supply information or material. We also reserve the right at all times to preserve or disclose any information we believe necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion are objectionable or in violation of these Terms of Use.

PROHIBITED ACTIVITIES.

You may not access or use the Site or its Content for any purpose other than those for which we make it available.

It is a condition of your use of the Site that you do not:

Frame any of the Content, or incorporate any Content into another website or other service, without our prior written consent;

Restrict or inhibit any other user from using and enjoying the service;

Use the Site to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;

Interfere with or disrupt any servers or networks used to provide the Site or its features, or disobey any requirements, procedures, policies or regulations of the networks we use to provide the Site;

Use the Site to instigate or encourage others to commit illegal activities or cause injury to any person or damage to property;

Gain unauthorized access to the Site, or any account, computer system, or network connected to this Site, by means such as hacking, password mining or other illicit means;

Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site;

Use the Site to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmission constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law;

Use the Site to copy, post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or violation of publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder;

Use the Site to post or transmit any information, software or other material that contains a virus or other harmful component;

Except as otherwise provided herein, use the Site to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising;

Use the Site to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without our express written consent;

Gather or collect personal data about, or the email addresses of, other Site users for commercial or unlawful purposes or for purposes of sending unsolicited commercial email; or

Repeatedly post the same or similar content or otherwise impose an unreasonable or disproportionately large load on our infrastructure, or take or cause to be taken any action that disrupts the normal flow of postings and dialogue on the Site (such as submitting an excessive number of postings), or that otherwise negatively affects other users’ ability to use the Site.

GENERAL PRACTICES REGARDING USE AND STORAGE OF CONTENT.

You acknowledge that we may establish general practices, limits and restrictions concerning use of the Site, and the posting of content, information or materials by users of the Site. These restrictions may include a limit on the number of days that ratings, reviews, or other submitted content will be displayed on the Site and/or retained by us, the maximum disk space that will be allotted on our servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Site in a given period of time. We assume no responsibility or liability for the deletion, corruption or loss of any content or material submitted by you, or for our failure to receive or store submitted content for any reason, including without limitation malfunctioning of any network, hardware or software. We reserve the right to change these general practices, limits and restrictions at any time, in our sole discretion, with or without notice.

NOTICE OF COPYRIGHT INFRINGEMENT.

If you are a copyright owner who believes your copyrighted material has been reproduced, posted or distributed via the Site in a manner that constitutes copyright infringement, please inform us by sending written notice by e-mail at legal@ownzones.com or U.S. Mail to OWNZONES Media Network, Inc., Attn: Legal Department, 315 S Beverly Dr. Suite 508, Beverly Hills, CA 90212. Please include the following information in your written notice: (1) a detailed description of the copyrighted work that is allegedly infringed upon; (2) a description of the location of the allegedly infringing material on the Site; (3) your contact information, including your address, telephone number, and, if available, email address; (4) a statement by you indicating that you have a good-faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent, or the law; (5) a statement by you, made under penalty of perjury, affirming that the information in your notice is accurate and that you are authorized to act on the copyright owner's behalf; and (6) an electronic or physical signature of the copyright owner or someone authorized on the owner's behalf to assert infringement of copyright and to submit the statement. Please note that the contact information provided in this paragraph is for suspected copyright infringement only. Contact information for other matters is provided elsewhere in these Terms of Use or on the Site.

DISCLAIMERS.

YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE AND ALL MATERIALS, INFORMATION AND SERVICES AVAILABLE THROUGH IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND LICENSORS (FOR PURPOSES OF THIS PARAGRAPH, THE "OWNZONES PARTIES") DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND OUR SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE MATERIALS. THE OWNZONES PARTIES MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT ON THE SITE, OUR E-MAILS, OTHER ELECTRONIC COMMUNICATIONS, OR THE CONTENT OF ANY WEBSITES LINKED TO THIS SITE, AND THE OWNZONES PARTIES ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (A) LOSS OR DAMAGE OF ANY KIND RESULTING FROM ERRORS, MISTAKES, OMISSIONS, OR INACCURACIES OF CONTENT AND MATERIALS, INCLUDING WITHOUT LIMITATION USER INFORMATION, DATA, OR SUBMISSIONS; (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF, OR INABILITY TO ACCESS AND USE, OUR SITE; (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; (E) ANY CORRUPTION OR LOSS OF DATA TRANSMITTED TO OR FROM THE SITE; (F) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY CONTENT, PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND THE OWNZONES PARTIES WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH ANY TRANSACTIONFOR A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Indemnity.

You agree to indemnify and hold OWNZONES and our subsidiaries, affiliates, licensors and other partners, and the directors, officers, agents and employees of each, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Site, your violation of our Terms of Use, or your violation of any rights of a third party, or any such violation by others you authorized to use your account.

Limitation of Liability.

UNDER NO CIRCUMSTANCES SHALL WE OR OUR AFFILIATES, AGENTS, THIRD PARTY PROVIDERS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM (A) YOUR USE OF, OR INABILITY TO USE, THE SITE, OR (B) ANY MATERIALS, INFORMATION AND SERVICES AVAILABLE THROUGH THE SITE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $50. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, AGENTS, THIRD PARTY PROVIDERS AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

AGREEMENT TO ARBITRATE.

This section is referred to in these Terms of Use as the "Arbitration Agreement". Unless you opt-out in accordance with the opt-out procedures set forth below, you agree that any and all disputes or claims that have arisen or may arise between you and OWNZONES, whether relating to these Terms of Use (including any alleged breach thereof), the Site, the Content, or otherwise, will be resolved exclusively through final and binding arbitration, rather than a court in accordance with the terms of this Arbitration Agreement, except you may assert individual claims in small claims court, if your claims qualify. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

Prohibition of Class and Representative Actions and Non-Individualized Relief

YOU AND OWNZONES AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND OWNZONES AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER SITE USERS.

Pre- Arbitration Dispute Resolution

OWNZONES is interested in resolving disputes amicably. So before you commence arbitration, please contact us to explain your complaint, as we may be able to resolve it without the need for arbitration. You may contact us via email at legal@ownzones.com or at OWNZONES Media Network, Inc. Attn: Legal Department, 315 S Beverly Dr. Suite 508, Beverly Hills, CA 90212.

Arbitration Procedures

Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association's ("AAA") rules and procedures, including the AAA's Supplementary Procedures for Consumer-Related Disputes (collectively, the "AAA Rules"), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA's Rules and fees for consumer disputes can be found at the AAA's consumer arbitration page, http://www.adr.org/consumer_arbitration. If there is any inconsistency between the AAA Rules and this Arbitration Agreement, the terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms of Use as a court would, including without limitation, the limitation of liability provisions. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms of Use and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.

To commence arbitration against OWNZONES, you must complete a short form, submit it to the AAA, and send a copy to OWNZONES Media Network, Inc. Attn: Legal Department, 315 S Beverly Dr. Suite 508, Beverly Hills, CA 90212. For more information, see the AAA's claim filing page, http://www.adr.org/fileacase. You may represent yourself in the arbitration or be represented by an attorney or another representative. Once we receive your arbitration claim, we may assert any counterclaims we may have against you.

The arbitration shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less you or OWNZONES may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and OWNZONES subject to the arbitrator's discretion to require an in-person hearing, if the circumstances warrant. Attendance at any in-person hearing may be made by telephone by you and/or OWNZONES, unless the arbitrator requires otherwise.

The arbitrator will decide the substance of all claims in accordance with the laws of the State of California, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different Site users, but is bound by rulings in prior arbitrations involving the same Site user to the extent required by applicable law.

Costs of Arbitration

Payment of all filing, administration, and arbitrator fees (collectively, the "Arbitration Fees") will be governed by the AAA's Rules, unless otherwise provided in this Agreement to Arbitrate. Each party will be responsible for all fees it incurs in connection with the arbitration, including without limitation, all attorney fees. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse OWNZONES all fees associated with the arbitration paid by OWNZONES on your behalf that you otherwise would be obligated to pay under the AAA's rules.

Confidentiality

All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential for the benefit of all parties.

Severability

If a court decides that any term or provision of this Arbitration Agreement other than the section entitled "Prohibition of Class and Representative Actions and Non-Individualized Relief", is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court decides that any of the provisions of the section entitled "Prohibition of Class and Representative Actions and Non-Individualized Relief", is invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The remainder of the Terms of Use will continue to apply.

Opt-Out Procedure

You can choose to reject this Arbitration Agreement by mailing us a written opt-out notice ("Opt-Out Notice") in accordance with the terms of this section. For new Site users, the Opt-Out Notice must be postmarked no later than 30 Days after the date you accept these Terms of Use for the first time. You must mail the Opt-Out Notice to OWNZONES Media Network, Inc., Attn: Legal Department, 315 S Beverly Dr. Suite 508, Beverly Hills, CA 90212. The Opt-Out Notice must state that you do not agree to the Arbitration Agreement and must include your name, address, phone number, and the email address(es) used to log into the Site and the account(s) to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the Arbitration Agreement. If you opt out of the Arbitration Agreement, all other terms of these Terms of Use will continue to apply. Opting out of the Arbitration Agreement has no effect on any previous, other, or future arbitration agreements that you may have with us.

Future Changes to this Arbitration Agreement

Notwithstanding any provision in these Terms of Use to the contrary, you and OWNZONES agree that if we make any change to this Arbitration Agreement (other than a change to any notice address or website link provided herein) in the future, that change shall not apply to any claim that was filed in a legal proceeding against OWNZONES prior to the effective date of the change. Moreover, if we seek to terminate this Arbitration Agreement from these Terms of Use, such termination shall not be effective until 30 days after the version of these Terms of Use not containing the Arbitration Agreement is posted to the Site, and shall not be effective as to any claim that was filed in a legal proceeding against OWNZONES prior to the effective date of removal.

GOVERNING LAW AND JURISDICTION.

These Terms of Use, and any dispute between you and OWNZONES, shall be governed by the laws of the State of Arizona, without regard to principles of conflicts of law, provided that the Federal Arbitration Act shall govern the interpretation and enforcement of the Arbitration Agreement. Unless you and we agree otherwise, in the event that the Arbitration Agreement is found not to apply to you or to a particular claim or dispute (except for small-claims court actions), either as a result of your decision to opt-out of the Arbitration Agreement or as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and OWNZONES must be resolved exclusively by a state or federal court located in the Maricopa County, State of Arizona. You and OWNZONES agree to submit to the personal jurisdiction of the courts located within such county and state for the purpose of litigating all such claims or disputes.

MISCELLANEOUS.

Any provisions of these Terms of Use that, in order to fulfill the purposes of such provisions, need to survive the termination or expiration of the agreement between you and us, shall be deemed to survive for as long as necessary to fulfill such purposes. Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or these Terms of Use must be filed within one year after such claim or cause of action arose or be forever barred.

VIOLATIONS.

Please report any violations of these Terms of Use to OWNZONES Media Network, Inc., 315 S Beverly Dr. Suite 508, Beverly Hills, CA 90212 or via e-mail to legal@ownzones.com.

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