Section 13: Governing Law & Disputes

13.1 Governing Law

These Terms of Service, including this Section 13, shall be governed by and construed in accordance with the laws of the State of California, United States of America, without regard to its conflict of law principles. Any substantive or procedural questions arising under these Terms or related to any disputes between you and StarWave Entertainment shall be determined by such laws.

By using our services, you acknowledge that StarWave Entertainment operates internationally and that certain services may be accessed from jurisdictions with different consumer protection laws. Regardless of your location, the laws of California shall exclusively govern this agreement.

13.2 Venue & Jurisdiction

Any legal action or proceeding arising out of or related to these Terms or your use of our entertainment services shall be brought exclusively in the federal or state courts located in Los Angeles County, California. You hereby consent to the personal jurisdiction and venue of such courts for purposes of any such action or proceeding.

13.3 Dispute Resolution Process

StarWave Entertainment is committed to resolving disputes efficiently and fairly. Before initiating any formal legal action or arbitration, you agree to attempt to resolve any claim or dispute through the following process:

• Notification: Provide written notice of your dispute to our Legal Department, detailing the nature of the claim and desired resolution.
• Review Period: Allow 60 calendar days for StarWave to investigate and respond to your notice.
• Good Faith Negotiation: Participate in good faith discussions to reach a mutually acceptable settlement.

If the dispute remains unresolved after 60 days, either party may proceed to binding arbitration or, where applicable, small claims court, as outlined below.

13.4 Binding Arbitration

Any disputes arising from or relating to these Terms or your relationship with StarWave Entertainment shall be finally settled by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules. The arbitration shall be conducted in Los Angeles, California, unless both parties agree otherwise.

The arbitrator shall issue a written award that may be entered as a judgment in any court of competent jurisdiction. Court proceedings shall be limited to judicial review of the arbitration award. You agree that the arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability, or formation of this arbitration provision.

13.5 Class Action Waiver

EXCEPT AS MAY BE REQUIRED BY APPLICABLE LAW, YOU AND STARWAVE ENTERTAINMENT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

If a class action proceeding is brought, you agree to be bound by the outcome of the individual arbitration proceeding. This waiver applies to class arbitrations, class actions, private attorney general actions, and any other proceeding in which an individual acts in a representative capacity.

13.6 Injunctive Relief & Exceptions

Nothing in this Section 13 shall be deemed to limit either party's right to seek injunctive or other equitable relief in a court of law for alleged or actual infringement, misappropriation, or violation of intellectual property rights, proprietary information, or confidentiality obligations.

Additionally, claims that cannot be arbitrated due to mandatory provisions of applicable law, or claims for injunctive relief to protect intellectual property rights, may be brought in a court of competent jurisdiction. For disputes involving claims under $10,000 USD, you may elect to pursue the dispute in small claims court in your county of residence, provided the small claims court has jurisdiction.

13.7 Severability

If any provision of this Section 13 or the arbitration clause is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be severed, and the remaining provisions shall continue in full force and effect. If the arbitration provision (excluding the class action waiver) is found to be unenforceable, the entire dispute shall be resolved exclusively in the courts specified in Section 13.2.

13.8 Contact Information

For any questions regarding this section, to initiate the dispute resolution process, or to communicate with our legal team, please contact us using the information below: