Sep 08, 2024
These terms have a mandatory arbitration clause. We both agree, with a few exceptions mentioned there, to resolve disputes by final and binding arbitration. Neither of us can have a trial by jury or participate in a class action. While each of us can only bring a claim against the other on an individual basis, we each agree to batch claims in some cases. Claims are barred one year after the cause of action accrues. These terms also have warranty disclaimers and limitations on our liability. By agreeing to these terms of service, you’re also agreeing to our other terms and policies. Please read the linked sections for details.
Before we go any further, we think it would be helpful to define a few key terms. Throughout these terms of service:
These terms of service and all of our other terms and policies were originally written in English. We may translate them into other languages. If there’s a conflict between a translated version and the English version, the English version will control.
These terms of service govern our relationship with you as a user of our service, and you agree to them by visiting our website or using the service.
By agreeing to these terms of service you also agree to our other terms and policies, which we attach to these terms of service by reference.
Here are links to our other terms and policies as of the date of this version of the terms of service:
The service allows music fans to discover, showcase and recommend music artists and their music through content. With access to music and the right tools and incentives, music fans can help music artists catapult their careers in ways that weren’t possible before. Although the service is centered around music, the service also acts as a distribution platform for content creators and advertisers more broadly. It is designed to help users discover content, brands, organizations, projects, products and services that are of interest to them.
To learn more about the service, please visit our website. If in these terms of service or in our other terms and policies we mention services or features that we haven’t launched, these terms of service and our terms and policies will apply to them if and as we roll them out. Please also see our disclaimers in relation to our work in progress.
The service is provided by us, Enumma, Inc., a Delaware corporation registered with the Secretary of State of Delaware under file number 6314578.
To use the service, you must be at least 18 years of age and a legal adult with full capacity to enter into binding contracts according to the laws that apply in your place of residence.
By using the service on behalf of a company or organization, you represent that you have authority to act on its behalf, and that it has accepted these terms of service and our other terms and policies. You can’t use the service that way if that’s not so.
You and that company or organization are:
You can use the service only if you’re a resident of the United States of America, Mexico or another country in Latin America or the Caribbean other than Brazil and any U.S.-embargoed region. As of the date of these version of the terms of service, Cuba and Nicaragua are U.S.-embargoed regions.
You may not use the service if you’re barred from using the service under any applicable law or regulation. You represent that you’re not located in any region designated by the U.S. government as a terrorist-supporting region. You also represent that you’re not listed by the U.S. government as a sanctioned or restricted person.
If we terminate your user account, you may not create another user account or continue using the service.
We give you a nonexclusive license to download the service and to use the service only as we make it available to you through the normal and direct operation of the service’s front-end interfaces. However, this license does not cover content from users. Instead, users give you licenses the same way you give licenses to them as described in the next section. What you get from us and users are just licenses—so, using the service does not give you ownership rights to any aspect of the service (including usernames or profile names or handles), or to any aspect of anyone’s content. You can make use of the license we give you only if you do so in compliance with these terms of service, our other terms and policies, and all applicable laws and regulations.
We may allow you to import or upload music tracks to your music catalog on the service so that users can feature or cover them. Each time you do so, you give a license to each user, and a license to us, to use the music track, the musical work embodied in the music track, and their metadata, as detailed in the Music License Agreement.
The licenses described in this “Content that you publish” section apply to your content when created, submitted, posted, imported, uploaded, transmitted, broadcasted, sent or published on, to or through the service without using the feature described in the “Music for users to amplify” section above (even if your content or any part of it is also covered by the Music License Agreement).
You give each user a license to:
For as long as you enable embedding of your content, you give each user a license to embed your content across the web through the service’s embedding features.
If you enable “remixing” of your content, you give each user a license to create content using your content or any component of your content, and to use and allow us and others to use the remixed content on the service and on external platforms if the user spreads the remixed content to those platforms using the service. If the user gets help from others to produce or edit the remixed content, this license extends to them for that purpose, but the user remains responsible for any breach by them. Transfers of the remixed content also transfer the license as applied to the remixed content.
Users can make use of the licenses described above only if they do so in compliance with these terms of service, our other terms and policies, and all applicable laws and regulations.
You give us a license to:
As part of the license described above, we may:
You also give us a license to use your content on the service’s websites, advertisements, and promotional materials to showcase what users experience when they use the service. In doing so, we may modify and adapt your content for marketing design reasons.
Each license is irrevocable, universal, nonexclusive, for commercial or noncommercial use, and royalty-free. You agree and represent that none of the licenses require or will require any payment by any user, by us, by any of our related parties or by anyone else, to you or to anyone other than you. Use of each license will not be subject to any inspection or approval by you.
Within the bounds of each license’s purposes as described in the sections above, each license:
Each license to us is sublicensable and transferable. This means, for example, that we can extend it to our related parties or other companies that help us run the service or pass it along to a company that buys all or part of our business. We can sublicense through multiple tiers—so, for example, if we sublicense to a company, that company can sublicense to another company, and so on.
Each license ends when either of us deletes your content from the service, with a few exceptions:
Also, if you ask us to restore your content to the service and we do so, you give each user new licenses as described in the "Licenses to users" section above, and you give us new licenses as described in the “Licenses to us” section above.
Nothing in this “Content that you publish” section will be interpreted to restrict or in any other way affect any right or defense a user may have, or any right or defense we may have, on a different legal basis, such as a separate license, fair use or public domain.
You’re legally responsible and we may hold you liable for all activity in or through your user account and in or through your profile accounts (even when your user account is not used to operate your profile accounts). All of that activity is attributable to you, and it’s your obligation to make sure that all of that activity, including your content, complies with these terms of service, our other terms and policies, and all applicable laws and regulations. You’re responsible for guarding your user account’s password. Do not use the same password elsewhere. Always use the app with safety in mind, and never while doing other stuff that demands your attention, like driving or moving around.
You agree to comply with our Community Guidelines and Promotional Content Guidelines. In accordance with those guidelines, you will make sure your content and your activity on the service do not violate or infringe anyone’s rights, including any copyright or neighboring right, any other intellectual property right, or any personality right. That means, among other things, that you must have all the rights or licenses necessary to give the licenses set out in the “The licenses you give” section above, including the licenses detailed in the Music License Agreement. If keeping some content on the service would cause you to infringe someone’s right, you must delete that content from the service before that’s the case.
If a user makes music available to you through the feature described in the “Music for users to amplify” section above, you agree to comply with the acceptable use policies set out in the Music License Agreement.
As detailed in the “The license we give” section above, we’re only giving you a nonexclusive license to download the service and to use the service as we make it available to you through the normal and direct operation of the service’s front-end interfaces, and you can make use of that license only if you do so in compliance with these terms of service, our other terms and policies, and all applicable laws and regulations. You may not use the service in any other way.You may not, for example:
However, nothing in this “Keeping within the bounds of the license we give you” section affects any rights under the law that, despite the choice of law set out in the “Governing law” section below, you cannot contractually agree to alter or give up and are legally always entitled to.
You’re free to delete from the service any content associated with any of your profile accounts at any time. If keeping some content on the service would cause you to infringe someone’s right, or in any other way would cause you to breach anything in these terms of service, our other terms and policies, or any applicable law or regulation, you must delete that content from the service immediately.
You’re free to delete any of your profile accounts at any time. If you delete one of your profile accounts, we’ll delete all content associated with that profile account.
You’re free to close your user account at any time. If you close your user account, we’ll delete each of your profile accounts associated with your user account (and all content associated with those profile accounts).
Below is a list of actions we may take if:
In any of those situations, we may:
We may take any number of these actions, alone or in combination, at our discretion.
Account suspensions don’t affect your ability to delete your content or profile accounts, or your ability to close your user account.
If we terminate a profile account, we’ll delete all content associated with that profile account. If we terminate your user account, we’ll terminate all your profile accounts and delete all content associated with your profile accounts.
We’ll let you know if we take any of the actions described in this “Some actions we can take” section unless we think it’s best to not alert you because of an investigation or other safety, security or legal reason. If you think we made a mistake, you can file an appeal by contacting our support team, but we have the final say.
We may always retain copies of your content for contractual, safety, enforcement, compliance or other legitimate business or legal reasons.
We can delete your content, or your content might get lost or corrupted, so make sure you always keep your own copies of your content.
The service may include unclaimed artist domains. An unclaimed artist domain is a profile that pertains to an artist but that hasn’t been claimed by the artist. While unclaimed, an artist domain is not endorsed by the artist or affiliated with the artist in any way. Unclaimed artist domains, and all media and information contain in them, are for public-concern commentary and fair use only. You shouldn’t imply that an unclaimed artist domain gives you a license to do anything. If you’re an artist, you can claim your domain on the service by verifying as an artist.
We may allow you to convert an unverified artist profile account into a verified artist profile account by verifying as an artist. To verify as an artist, you must complete our artist verification process. As part of that process, we may need you to demonstrate that you control one or more external artist-linked accounts. If you believe a verified artist profile account is impersonating you, you can report that to us.
The service may include a feature that lets you amplify artists. To “amplify” an artist means to promote an artist while earning Enumma-enabled rewards, such as tokens. To amplify an artist, you must link the artist to your promotional content as an “amplified artist” using our built-in linking tool. If the service includes this feature, other users will be able to use it too in a way that’s transparent for everyone and based on standard rules. If you see content with an amplified artist, that means the owner of the profile account associated with that content is promoting that artist and earning Enumma-enabled rewards. You can check the content’s stats to see those rewards.
The service may include a feature that allows you to connect a profile account to an external platform and to broadcast or spread your content from the service to the external platform. When you use that feature, you do so on your own account and at your own risk. You’re responsible for the content you broadcast or spread to the external platform and for all your activity on the external platform. We’re not responsible for the external platform and we’ll have no liability in relation to your use of the external platform. Your use of the external platform, even when you broadcast or spread your content from our service, is subject to the external platform’s terms and policies, including its acceptable use policies. You agree to comply with those terms and policies at all times in addition to complying with these terms of service, our other terms and policies, and all applicable laws and regulations. Please make sure the content you broadcast or spread to external platform does not violate or infringe anyone’s rights, including any copyright or neighboring right, any other intellectual property right, or any personality right. If keeping some content on an external platform would cause you to infringe someone’s right, you must delete that content from the external platform before that’s the case. Our integration with an external platform shouldn’t be taken to mean that we have a partnership with the external platform or that the external platform has endorsed or sponsored our service or that integration. The collection and processing of your personal information by an external platform is governed by the external platform’s own privacy policy, not by ours. We’ll import metrics from the external platform to gauge the performance of the content you broadcast or spread to the external platform. We use those metrics to allocate Enumma-enabled rewards, such as tokens, to you, in a way that’s transparent to you and other users. See our Supplemental Terms for other important terms concerning some of the external platforms that you can connect to the service.
The service may also include integrations with external services other than for the purposes described in the "Broadcasting or spreading your content" section above. We’re not responsible for any external services and we’ll have no liability in relation to your use of any external services. Your use of an external service is subject to the external service’s terms and policies. You agree to comply with those terms and policies at all times in addition to complying with these terms of service, our other terms and policies, and all applicable laws and regulations. Our integration with an external service shouldn’t be taken to mean that we have a partnership with the external service or that the external service has endorsed or sponsored our service or that integration. The collection and processing of your personal information by an external service is governed by the external service’s own privacy policy, not by ours. We may import metrics from an external service to allocate rewards to you based on those metrics or for other reasons that comport with the purposes underlying our service’s integration with the external service.
You may share or transfer your user account only in these cases:
However, in no case may you offer or transfer your user account separately from the assets or interests of a business or organization, by any form of general advertising or general solicitation, or through the facilities of any type of marketplace.
Also, you may only share your user account with, or transfer your user account to, a person that can use the service as set out in the “Who can use the service” section above, and only so long as sharing your user account with, or transferring your user account to, that person, will not cause that person to be in noncompliance with these terms of service, any of our other terms and policies, or any applicable law or regulation. If you need to delete content to avoid noncompliance, you must do so. With respect to content that you don’t delete, to the extent needed to avoid noncompliance, you give each user you share your user account with or transfer your account to, a nonexclusive license with all the attributes necessary for that user to grant the licenses to users and the licenses to us set out in the “The licenses you give” section above, including the licenses detailed in the Music License Agreement.
Every person sharing a user account is a user for purposes of these terms of service and our other terms of policies, and you and every user sharing your user account are individually and jointly responsible for complying with these terms of service, our other terms and policies, and all applicable laws and regulations, and jointly and severally liable for all claims. If you transfer your user account, you remain responsible and retain joint and several liability for all pre-transfer activity associated with your user account, and for all claims arising out of or in any way relating to that activity. If you acquire a user account, you assume joint and several liability for all pre-acquisition activity associated with that account, and for all claims arising out of or in any way relating to that activity.
If you download any of the Enumma software applications from an application distributor’s store or distribution platform for specific use on a device, then the license we give you as set out in “The license we give” section above, with respect to your use of that application on your device and your sharing of that application with others within the application distributor’s controlled ecosystem, is limited to uses that are not inconsistent with the application distributor’s usage rules that neither of us can override.
These terms of service and our other terms and policies do not create an agreement between you and any of our application distributors. Accordingly, our application distributors are not responsible in any way for the service, including any warranties, maintenance, support, content or claims. For example, our application distributors are not responsible in any way for any claims of intellectual property infringement in relation to the service.
However, to the extent we identify our application distributors as third-party beneficiaries of these terms of service and our other terms and policies in our Supplemental Terms, they are third-party beneficiaries of these terms of service and our other terms and policies and may enforce them against you in that capacity. See our Supplemental Terms for other important terms concerning some of our application distributors.
The service’s software includes open-source software components that are governed by their own licenses. You can find a list of these components and the licenses that govern them here.
At our request and to the maximum extent permitted by law, you will indemnify us and hold us harmless, and indemnify our related parties and hold them harmless, from and against any losses, liabilities, costs and expenses (including attorney’s fees and other dispute-related costs) arising out of or relating in any way to your breach or violation of anything in these terms of service, our other terms and policies, or any applicable law or regulation.
You should expect our service will change over time. We may add or remove services and features from the service or suspend or discontinue the service altogether. We may take any of these actions at any time for any reason. These actions may affect all users, some users, or even an individual user. The service’s software applications may update automatically on your device, depending on your device’s settings. We’ll send you an email to the email address associated with your user account to let you know of any changes that negatively impact your use of the service in an important way. We’ll try to do that at least 15 days before we implement those changes but may not be able to do so in situations where we have to act quickly to address an operational, safety, security or legal issue, or any other matter of urgency.
Our terms and policies are set out in different documents posted in the "Terms & Policies" section of our website. We may make changes to our terms and policies at any time by posting a revised version of any of those documents or adding a new document, or by removing all versions of a document or posting a notice specifying that we have terminated the last version of a document as of a particular date. We may do so for a number of reasons, including to reflect changes to the service or to our operations or business objectives. Changes can include charging for the service or any part of the service or increasing prices. For as long as a version of a document is in effect, we’ll keep all versions of that document posted, indexed by date. A version’s date tells you the version entered or will enter into effect on that date at the start of the day on an eastern time zone basis. A version of a document continues in effect until we terminate it by posting a revised version of the document, by removing all versions of the document, or by posting a termination notice. No change to our terms and policies will apply retroactively. However, any change to our terms and policies will apply to content published on or through the service, before the change takes effect, on a going-forward basis. We’ll send you an email to the email address associated with your user account to let you know of any changes that may negatively affect you in an important way. We’ll try to do that at least 15 days before we implement those changes but may not be able to do so in situations where we have to act quickly to address an operational, safety, security or legal issue, or any other matter of urgency. By keeping your access to the service or using the service after a change enters into effect, you accept that change and agree to be bound by it. You can always delete your profile accounts or any content associated with any of your profile accounts, or close your user account.
We may assign any of our rights under these terms of service and our other terms and policies without restriction and without notice to you.
We may delegate any of our obligations under these terms of service and our other terms and policies without restriction. If we so choose, our delegation of any of our obligations will relieve us from all responsibility for their performance and any liability for their breach accruing after the delegation takes effect. We need to give you 15 days’ notice only in this last case and only for purposes of our relief from responsibility and liability. You can always delete your profile accounts or any content associated with any of your profile accounts, or close your user account.
The service, these terms of service and our other terms policies do not create a partnership, joint venture or other association, or a franchiser-franchisee, employer-employee or principal-agent relationship, between the two of us, or between us and any other user or any group of users.
We provide the service on an “as is” and “as available” basis. The only warranties we make are those we specifically set out in these terms of service and our other terms and policies. We disclaim all other warranties, including the implied warranties of merchantability, fitness for a particular purpose, effort, satisfactory quality, title and non-infringement, and any warranties arising out of usage of trade or course of dealing.
While we aim to provide a great user experience, we make no guarantees that your use of the service will be from errors or disruptions, or that we’ll correct defects in the service within any particular timeframe or at all. While we attempt to keep our systems secure, we make no guarantees that we’ll always succeed in doing so. We won’t be responsible for any security incident that may affect you. That includes any unauthorized access to or use of the service, any loss, corruption or breach of data, and any transmission of a virus or other malicious code.
There may be services or features described in these terms of service or in our website that we haven’t yet launched or that we’re in the process of rolling out or testing. Those services and features might not come to fruition and are prone to errors and other issues while on beta mode. We make no guarantees that we’ll launch the ones we haven’t launched, or that the ones we’ve launched will function properly. You can check out information about our work in progress here.
We also disclaim all responsibility in connection with any:
We take no responsibility and assume no liability for what others do on or through the service, for your exposure to or use of content, or for others’ misappropriation or misuse of your content. We have no obligation to pre-screen, monitor, filter out, curate or edit content, and we make no guarantees that the content you may find or receive will be accurate, complete, up-to-date, reliable, lawful, non-infringing, inoffensive, unobjectionable, appropriate for children or minors, or suited for your purpose. However, if you have or represent an ownership interest in an exclusive right under copyright, or in a neighboring right, and you believe in good faith that that exclusive right or neighboring right is being infringed on the service, you can file a copyright or neighboring right infringement claim under our Infringements Claim Policy. Also, if you encounter content or activity that violates our Community Guidelines in some other way, you can report it to us directly from the service.
The service or content on the service may contain outbound links or references to websites or offerings we don’t own or control. Those websites and offerings are governed by their own terms and policies, including their own privacy policies, and not by our terms and policies. We don’t endorse or take any responsibility for outbound links or references or anything they point to. If you decide to use or rely on them, you do so at your own risk.
Nothing in this “Disclaimers” section affects any rights under the law that, despite the choice of law set out in the "Governing law" section below, you cannot contractually agree to alter or give up and are legally always entitled to.
We and our related parties won’t have any liability in connection with anything we’ve disclaimed warranties, guarantees or responsibility for in the “Disclaimers” section above or anywhere else in these terms of service or our other terms and policies.
We and our related parties won’t be liable, in connection with any claim, for any loss of anticipated savings, loss of revenues or profits, loss of business opportunity, loss of reputation or goodwill, emotional disturbance or other intangible harm, incidental damages, indirect, special or consequential damages, or punitive or exemplary damages. That exclusion from our liability applies even if we or our related parties were or should’ve been aware of the possibility of the loss, harm or damage.
Our and our related parties’ combined liability for all your claims outstanding at any time will not, in total, exceed the sum of: (a) the amount of our unfulfilled contractual payment obligations to you, if any, and (b) the greater of USD $100 and the amount you paid to us for the service during the 12 months before your first outstanding claim arose, if any.
Nothing in this “Limitation of liability” section affects any rights under the law that, despite the choice of law set out in the "Governing law" section below, you cannot contractually agree to alter or give up and are legally always entitled to.
For general support, you may contact us through our support channels accessible through the “user settings” page of the Enumma software applications.
You can report violations of our Community Guidelines or Promotional Content Guidelines through the profile or content-associated “other options” menus on the Enumma software applications. These menus are represented by “three dot” icons.
To file a copyright or neighboring right infringement claim, as that term is specifically defined in our Infringement Claims Policy, please follow the instructions in that policy.
Please see the “How to contact us” section of our Privacy Policy for information about how to contact us if you have a privacy-related question or want to file a request to know, correct or delete information under that policy.
If you bring a claim against us, you may only serve process to us through our Delaware registered agent. You can find our Delaware registered agent’s contact information on the Delaware Department of State’s website.
We may contact you and send you all type of notices, including all types of legal notices, to the email address associated with your user account. You can change that email address in you user account setting’s page on any of the Enumma software applications, so you’re responsible for keeping it up to date. We both agree to consider our notices to you delivered when we send them, so you’re responsible for checking your email often.
We may also contact you and send you all type of notices, other than legal notices, through in-app notifications. You’re responsible for checking the app regularly.
We always love to hear from our users. But if you give us feedback or suggestions through any means (including any means external to the service), just know that we can use them without compensating you, and without any restriction or obligation to you. You agree that we’ll own all rights in anything we develop based on that.
We each agree to resolve any claim through final and binding arbitration. Judgment on the arbitration award may be entered in any court having jurisdiction. We both understand that, in arbitration, the case is decided by an arbitrator, and not by a judge or jury, and that arbitration is subject to very limited review by a court.
However, as an exception to that agreement, either of us may:
We each agree to try to resolve any dispute informally before initiating any arbitration or filing a claim in small claims court. You agree to do so by sending us a notice to dispute.resolution@enumma.com. We agree to do so by sending you a notice to the email address associated with your user account (but if you don’t have a user account with us, we can skip this informal resolution process altogether). We each agree to send the notice to the other on an individual basis only, and not as a member of any class or on behalf of multiple parties. If the two of us are unable to resolve the dispute within 60 days after the notice, either of us may initiate arbitration or file a claim in small claims court. During that period, we’ll both attend an individual settlement conference if the other asks for one. We’ll do that by videoconference at a date and time that’s convenient for the two of us. All statutes of limitations will be tolled during this informal resolution process.
The notice you send to us must include at least:
The notice we send to you must include at least a detailed description of the dispute.
Neither of us has to follow this informal resolution process before seeking temporary injunctive relief in arbitration or in small claims court.
If the two of us are unable to resolve the dispute through the informal resolution process described above, either of us may initiate arbitration.
The arbitration will be administered by National Arbitration and Mediation (NAM) under its Comprehensive Dispute Resolution Rules and Procedures and Supplemental Rules for Mass Arbitration Filings, available here. The activities described in these terms of service and our other terms and policies involve interstate commerce. Accordingly, the U.S. Federal Arbitration Act governs the interpretation and enforcement of these terms of service as they relate to arbitration, as well as the arbitration proceedings.
You may service process only as set out in the “Service of process” section above. The arbitration will be conducted by a sole arbitrator. The hearing, if any, will be conducted by videoconference, if possible, but if the arbitrator determines it must be conducted in person and the batch arbitration procedures described below don’t apply, we’ll both decide where to have it, or if the two us can’t reach an agreement, the arbitrator will decide where it’ll take place. The arbitrator will have exclusive authority to resolve all disputes relating to the claim (including disputes about the interpretation and application of this “Dispute resolution” section), except the courts specified in the “Exclusive venue for litigation” section below will have exclusive authority to resolve any disputes about the validity of the “Class waivers” section below and any requests for public injunctive relief as set out in that section. The arbitrator has the authority to grant motions dispositive of all or part of the claim. Neither of us may disclose any settlement offer amounts to the arbitrator before the arbitrator determines the final award, if any. If the arbitrator determines that a party’s claim was frivolous or brought for an improper purpose, the arbitrator must assign all fees and costs associated with the arbitration to that party.
If 25 or more claimants assisted by the same or coordinated counsel file similar demands for arbitration within 90 days of each other, NAM will administer them in batches of up to 50 claimants each. If one batch is left with less than 25 claimants, NAM will consolidate that batch with another batch to form a single batch of up to 74 claimants. NAM will administer each batch as a single consolidated arbitration with one arbitrator, one set of arbitration fees, and one hearing, if any, held by videoconference, if possible, or in a location decided by the arbitrator for each batch. Arbitration demands are similar if they arise from similar facts and raise similar legal issues while seeking similar relief. Any dispute about similarity will be submitted to a single arbitrator, whose fees will be paid by us.
If these terms of service allow either of us to file a claim in court, we each may do so only in the state or federal courts in Delaware. Also, if either of us may file some other claim in court because the requirement to arbitrate is invalid as to that claim, we each may do so only in the state or federal courts in Delaware. In both of those cases, we both consent to the personal jurisdiction of the state or federal courts in Delaware.
We each may bring a claim on an individual basis only, and not as a plaintiff or class member in any purported class or representative proceeding. Class arbitrations, class actions and representative actions are prohibited. Only individual relief is available. We both agree to sever and litigate in court any requests for public injunctive relief after completing arbitration for the underlying claim and all other claims. Nothing here prevents either of us from participating in a class-wide settlement. If a court makes a final and nonappealable determination that the class arbitration waiver is invalid as to a particular claim, that particular claim will not be arbitrable and may only be brought in court.
We each waive any right we each may have to a trial by jury. Not even if these terms of service allow either of us to file a claim in court, and one of us does so, will that claim be resolved in a trial by jury.
We each may bring a claim against the other only within one year after the cause of action accrues. After the one-year period expires, the claim is permanently barred. Before that, not insisting that the other perform or not taking action against the other won’t be a waiver of any right to do so later.
These terms of service and our other terms and policies form a contract under the laws of Delaware that will be governed by and interpreted in accordance with those laws and the laws of the United States of America, without giving effect to conflict of laws principles in any of those laws.
These terms of service and our other terms and policies make up the entire agreement between the two of us regarding the service. With the exception set out in the “Class waivers” section above, if it turns out that a particular provision in these terms of service or our other terms and policies is not enforceable for any reason, this will not affect any other provisions in any of them. We reserve all rights we haven’t expressly granted to you.