PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THIS IS A BINDING CONTRACT. Welcome to the services operated by Catchlive Inc. ("Catch", "Catch Services", “We”, "us", or, "our") consisting of the website available at https://catch.live, software applications, or any other products or services offered by Catch.
The Terms of Service apply whether you are a user that registers an account with the Catch Services or an unregistered user. You agree that by registering, downloading, accessing, or using the Catch Services, you are entering into a legally binding agreement between you and Catch regarding your use of the Catch Services. You acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not agree to these Terms of Service, do not access or otherwise use any of the Catch Services. By accessing or using our Services, you agree to this terms, which may change from time to time to better reflect our practices and applicable laws. Your continued use after we make change(s) is deemed acceptance of those changes.
If you have any questions or comments about this Terms of Service, please contact us at firstname.lastname@example.org.
When these Terms use the term "Organizer," we mean event creators using the Services to create events displayed on the Services for consumers using our Services (a) to consume information about or attend Events ("Consumers"), or (b) for any other reason. Organizers, Consumers and third parties using our Services are all referred to in these Terms collectively as "Users," "you" or "your."
Catch Services and Role
Catch Services provide a simple and quick means for Organizers to create online livestreaming events, promote those event pages and events to visitors on the Services or elsewhere online.
Catch is not the creator, organizer or owner of the events listed on the Services. Rather, Catch provides its Services, which allow Organizers to promote their events. The Organizer is solely responsible for ensuring that any page displaying an event on the Services (and the event itself) meet all applicable local, state, provincial, national and other laws, rules and regulations, and that the services described on the event page are delivered as described and in an accurate satisfactory manner. Consumers must use whatever payment processing method Catch provides.
Catch manages and issues e-tickets for the events. Consumers who have paid for an event, can use the e-ticket provided via email to view the Organizer perform live on the day and time of the event on Catch.
Catch provides the Services to help Organizers of the event to livestream their performance/broadcast on the date and time of the event. Certain peroid (typically 2-5 business days) after the livestreaming event is fully performed, Catch Services will initiate the payout to the event Organizer their share of the revenue.
BY DOWNLOADING, INSTALLING, OR OTHERWISE USING THE CATCH SERVICES, YOU REPRESENT THAT YOU ARE AT LEAST 13 YEARS OF AGE, THAT YOUR PARENT OR LEGAL GUARDIAN AGREES TO BE BOUND BY THESE TERMS OF SERVICE IF YOU ARE BETWEEN 13 AND THE AGE OF LEGAL MAJORITY IN YOUR JURISDICTION OF RESIDENCE, AND THAT YOU HAVE NOT BEEN PREVIOUSLY REMOVED FROM AND ARE NOT PROHIBITED FROM RECEIVING THE CATCH SERVICES.
Account, Password and other Details
In order to open an account, you may be asked to provide us with certain information such as an account name, email, password, phone and other details.
You are solely responsible for maintaining the confidentiality of your account, your password and for restricting access to your computer. If you permit others to use your account credentials, you agree to these Terms of Service on behalf of all other persons who use the Services under your account or password, and you are responsible for all activities that occur under your account or password. Please make sure the information you provide to Catch upon registration and at all other times is true, accurate, current, and complete to the best of your knowledge.
Unless expressly permitted in writing by Catch, you may not sell, rent, lease, share, or provide access to your account to anyone else, including without limitation, charging anyone for access to administrative rights on your account. Catch reserves all available legal rights and remedies to prevent unauthorized use of the Catch Services, including, but not limited to, technological barriers, IP mapping, and, in serious cases, directly contacting your Internet Service Provider (ISP) regarding such unauthorized use.
Catch may permit you to register for and log on to the Catch Services via certain third-party services. The third party’s collection, use, and disclosure of your information will be subject to that third-party service’s privacy notice. Further information about how Catch collects, uses, and discloses your personal information when you link your Catch account with your account on any third-party service can be found in our Privacy Notice.
Use of Devices and Services
Access to the Catch Services may require the use of your personal computer or mobile device, as well as communications with or use of space on such devices. You are responsible for any Internet connection or mobile fees and charges that you incur when accessing the Catch Services.
Licenses and Permits Organizers Must Obtain
If you are an Organizer, without limiting the generality of any representations or warranties provided elsewhere in these Terms of Service, you represent and warrant to us that:
- You and your affiliates will obtain, prior to the start of ticket sales, all applicable licenses, permits, and authorizations with respect to events hosted by you or your affiliates on the Services
- Without limiting your indemnification obligations elsewhere under these Terms of Service, you agree to defend, indemnify and hold Catch, and its affiliates and subsidiaries, and each of its and their respective officers, directors, agents, co-branders, licensors, payment processing partners, other partners and employees, harmless from any and all damage (whether direct, indirect, incidental, consequential or otherwise), loss, liability, cost and expense (including, without limitation, reasonable attorneys' and accounting fees) resulting from any Claim due to or arising out of your any failure to obtain or maintain any necessary licenses, permit, or any error in obtaining or maintaining any licenses. You agree to provide evidence of licenses and related information prior to offering tickets or registrations for events on the Site and promptly upon the reasonable request of Catch from time to time.
Fees and Refunds
For Organizers, creating an account, listing an event and accessing the Services are free. Organizers determine ticket price on a per event basis that Consumers must may to watch the Organizer perform live.
For Consumers, in addition of the event ticket price determined by the Organizer, Consumers will be required to pay a small fee shown as "Service Fees" on the applicable event ticket purchase page.
All tickets are non-refundable and non-transferable. However, Catch may use its sole discretion to provide refund on a per-case basis. In addition, "Service Fee" paid for the event ticket is always non-refundable and especially in cases where Catch was not responsible for cause of the refund (such as event cancelled or rescheduled by Organizer or refund requested by Consumer).
Modification of these Terms of Service
Catch may amend any of the terms of these Terms of Service by posting the amended terms. Your continued use of the Catch Services after the effective date of the revised Terms of Service constitutes your acceptance of the terms.
Catch Services are owned and operated by Catch. Unless otherwise indicated, all content, information, and other materials on the Catch Services (excluding User Content, set out in Section 8 below), including, without limitation, Catch’s trademarks and logos, the visual interfaces, graphics, design, compilation, information, software, computer code (including source code or object code), services, text, pictures, information, data, sound files, other files, and the selection and arrangement thereof (collectively, the “Materials”) are protected by relevant intellectual property and proprietary rights and laws. All Materials are the property of Catch or its subsidiaries or affiliated companies and/or third-party licensors. Unless otherwise expressly stated in writing by Catch, by agreeing to these Terms of Service you are granted a limited, non-sublicensable license (i.e., a personal and limited right) to access and use the Catch Services for your personal use or internal business use only.
Catch reserves all rights not expressly granted in these Terms of Service. This license is subject to these Terms of Service and does not permit you to engage in any of the following: (a) resale or commercial use of the Catch Services or the Materials; (b) distribution, public performance or public display of any Materials; (c) modifying or otherwise making any derivative uses of the Catch Services or the Materials, or any portion of them; (d) use of any data mining, robots, or similar data gathering or extraction methods; (e) downloading (except page caching) of any portion of the Catch Services, the Materials, or any information contained in them, except as expressly permitted on the Catch Services; or (f) any use of the Catch Services or the Materials except for their intended purposes. Any use of the Catch Services or the Materials except as specifically authorized in these Terms of Service, without the prior written permission of Catch, is strictly prohibited and may violate intellectual property rights or other laws. Unless explicitly stated in these Terms of Service, nothing in them shall be interpreted as conferring any license to intellectual property rights, whether by estoppel, implication, or other legal principles. Catch can terminate this license as set out in Section 14.
Catch allows Organizers to distribute streaming live and pre-recorded audio-visual works; to use services, such as chat to participate in other activities in which you may create, post, transmit, perform, or store content, messages, text, sound, images, applications, code, or other data or materials on the Catch Services (“User Content”).
License to Catch
Unless otherwise agreed to in a written agreement between you and Catch that was signed by an authorized representative of Catch, if you submit, transmit, display, perform, post, or store User Content using the Catch Services, you grant Catch and its sub-licensees, to the furthest extent and for the maximum duration permitted by applicable law (including in perpetuity if permitted under applicable law), an unrestricted, worldwide, irrevocable, fully sub-licenseable, nonexclusive, and royalty-free right to: (a) use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content (including without limitation for promoting and redistributing part or all of the Catch Services (and derivative works thereof) in any form, format, media, or media channels now known or later developed or discovered; and (b) use the name, identity, likeness, and voice (or other biographical information) that you submit in connection with such User Content. Should such User Content contain the name, identity, likeness, and voice (or other biographical information) of third parties, you represent and warrant that you have obtained the appropriate consents and/or licenses for your use of such features and that Catch and its sub-licensees are allowed to use them to the extent indicated in these Terms of Service.
With respect to streaming live and pre-recorded audio-visual works, the rights granted by you hereunder terminate once you delete such User Content from the Catch Services, or generally by closing your account, except:(a) to the extent you shared it with others as part of the Catch Services and others copied or stored portions of the User Content (e.g., made a Clip); (b) Catch used it for promotional purposes; and (c) for the reasonable time it takes to remove from backup and other systems.
User Content Representations and Warranties
You are solely responsible for your User Content and the consequences of posting or publishing it. You represent and warrant that: (1) you are the creator or own or control all right in and to the User Content or otherwise have sufficient rights and authority to grant the rights granted herein; (2) your User Content does not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right, or (b) defame any other person; (3) your User Content does not contain any viruses, adware, spyware, worms, or other harmful or malicious code; and (4) unless you have received prior written authorization, your User Content specifically does not contain any pre-release or non-public beta software or game content or any confidential information of Catch or third parties. Catch reserves all rights and remedies against any users who breach these representations and warranties.
Content is Uploaded at Your Own Risk
Catch uses reasonable security measures in order to attempt to protect User Content against unauthorized copying and distribution. However, Catch does not guarantee that any unauthorized copying, use, or distribution of User Content by third parties will not take place. To the furthest extent permitted by applicable law, you hereby agree that Catch shall not be liable for any unauthorized copying, use, or distribution of User Content by third parties and release and forever waive any claims you may have against Catch for any such unauthorized copying or usage of the User Content, under any theory. THE SECURITY MEASURES TO PROTECT USER CONTENT USED BY CATCH HEREIN ARE PROVIDED AND USED “AS-IS” AND WITH NO WARRANTIES, GUARANTEES, CONDITIONS, ASSURANCES, OR OTHER TERMS THAT SUCH SECURITY MEASURES WILL WITHSTAND ATTEMPTS TO EVADE SECURITY MECHANISMS OR THAT THERE WILL BE NO CRACKS, DISABLEMENTS, OR OTHER CIRCUMVENTION OF SUCH SECURITY MEASURES.
YOU AGREE NOT TO violate any law, contract, intellectual property, or other third-party right; not to commit a tort, and that you are solely responsible for your conduct while on the Catch Services. You agree that you will comply with these Terms of Service and Catch’s Community Guidelines and will not:
- create, upload, transmit, distribute, or store any content that is inaccurate, unlawful, infringing, defamatory, obscene, pornographic, invasive of privacy or publicity rights, harassing, threatening, abusive, inflammatory, or otherwise objectionable;
- impersonate any person or entity; falsely claim an affiliation with any person or entity; access the Catch Services accounts of others without permission; forge another person’s digital signature; misrepresent the source, identity, or content of information transmitted via the Catch Services; or perform any other similar fraudulent activity;
- send junk mail or spam to users of the Catch Services, including without limitation unsolicited advertising, promotional materials, or other solicitation material; bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, petitions for signatures, or any of the preceding things related to promotional giveaways (such as raffles and contests); and other similar activities;
- harvest or collect email addresses or other contact information of other users from the Catch Services;
- defame, harass, abuse, threaten, or defraud users of the Catch Services, or collect or attempt to collect, personal information about users or third parties without their consent;
- delete, remove, circumvent, disable, damage, or otherwise interfere with (a) security-related features of the Catch Services or User Content, (b) features that prevent or restrict use or copying of any content accessible through the Catch Services, (c) features that enforce limitations on the use of the Catch Services or User Content, or (d) the copyright or other proprietary rights notices on the Catch Services or User Content;
- reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Catch Services or any part thereof, except and only to the extent that this activity is expressly permitted by the law of your jurisdiction of residence;
- modify, adapt, translate, or create derivative works based upon the Catch Services or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
- interfere with or damage the operation of the Catch Services or any user’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;
- relay email from a third party’s mail servers without the permission of that third party;
- access any website, server, software application, or other computer resource owned, used, and/or licensed by Catch, including but not limited to the Catch Services, by means of any robot, spider, scraper, crawler, or other automated means for any purpose, or bypass any measures Catch may use to prevent or restrict access to any website, server, software application, or other computer resource owned, used, and/or licensed by Catch, including but not limited to the Catch Services;
- manipulate identifiers in order to disguise the origin of any User Content transmitted through the Catch Services;
- interfere with or disrupt the Catch Services or servers or networks connected to the Catch Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Catch Services; use the Catch Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Catch Services, or that could damage, disable, overburden, or impair the functioning of the Catch Services in any manner;
- use or attempt to use another user’s account without authorization from that user and Catch;
- attempt to circumvent any content filtering techniques we employ, or attempt to access any service or area of the Catch Services that you are not authorized to access;
- attempt to indicate in any manner, without our prior written permission, that you have a relationship with us or that we have endorsed you or any products or services for any purpose; and
- use the Catch Services for any illegal purpose, or in violation of any local, state, national, or international law or regulation, including without limitation laws governing intellectual property and other proprietary rights, data protection, and privacy.
To the extent permitted by applicable law, Catch takes no responsibility and assumes no liability for any User Content or for any loss or damage resulting therefrom, nor is Catch liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity you may encounter when using the Catch Services. Your use of the Catch Services is at your own risk. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Catch Services will not contain any content that is prohibited by such rules.
Catch is not liable for any statements or representations included in User Content. Catch does not endorse any User Content, opinion, recommendation, or advice expressed therein, and Catch expressly disclaims any and all liability in connection with User Content. To the fullest extent permitted by applicable law, Catch reserves the right to remove, screen, or edit any User Content posted or stored on the Catch Services at any time and without notice, including where such User Content violates these Terms of Service or applicable law, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Catch Services at your sole cost and expense. Any use of the Catch Services in violation of the foregoing violates these Terms of Service and may result in, among other things, termination or suspension of your rights to use the Catch Services.
Catch respects the intellectual property of others and follows the requirements set forth in the Digital Millennium Copyright Act (“DMCA”) and other applicable laws. If you are the copyright owner or agent thereof and believe that content posted on the Catch Services infringes upon your copyright, please submit a notice following our DMCA Guidelines, which include further information about our policies, what to include in your notice, and where to submit your notice.
Catch, the Catch logos, and any other product or service name, logo, or slogan used by Catch, and the look and feel of the Catch Services, including all page headers, custom graphics, button icons, and scripts, are trademarks or trade dress of Catch, and may not be used in whole or in part in connection with any product or service that is not Catch’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Catch, without our prior written permission. Any use of these trademarks must be in accordance with the Catch Trademark Guidelines.
You are responsible for deciding if you want to access or use third-party websites or applications that link from the Catch Services (the “Reference Sites”). Catch does not control or endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites, and makes no representations or warranties of any kind regarding the Reference Sites. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Catch Services are solely between you and such advertiser. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at your own risk.
By submitting ideas, suggestions, documents, and/or proposals (the “Submissions”) to Catch or its employees, you acknowledge and agree that Catch shall be entitled to use or disclose such Submissions for any purpose in any way without providing compensation or credit to you.
To the fullest extent permitted by applicable law, Catch reserves the right, without notice and in our sole discretion, to terminate your license to use the Catch Services (including to post User Content) and to block or prevent your future access to and use of the Catch Services, including where we reasonably consider that: (a) your use of the Catch Services violates these Terms of Service or applicable law; (b) you fraudulently use or misuse the Catch Services; or (c) we are unable to continue providing the Catch Services to you due to technical or legitimate business reasons. Our right to terminate your license includes the ability to terminate or to suspend your access to any purchased products or services, including any subscriptions, Prime Gaming, or Turbo accounts. To the fullest extent permitted by applicable law, your only remedy with respect to any dissatisfaction with: (i) the Catch Services, (ii) any term of these Terms of Service, (iii) any policy or practice of Catch in operating the Catch Services, or (iv) any content or information transmitted through the Catch Services, is to terminate your account and to discontinue use of any and all parts of the Catch Services.
To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Catch, its affiliated companies, and each of our respective contractors, employees, officers, directors, agents, third-party suppliers, licensors, and partners (individually and collectively, the “Catch Parties”) from any claims, losses, damages, demands, expenses, costs, and liabilities, including legal fees and expenses, arising out of or related to your access, use, or misuse of the Catch Services, any User Content you post, store, or otherwise transmit in or through the Catch Services, your violation of the rights of any third party, any violation by you of these Terms of Service, or any breach of the representations, warranties, and covenants made by you herein. You agree to promptly notify the Catch Parties of any third-party claim, and Catch reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Catch, and you agree to cooperate with Catch’s defense of these claims. Catch will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
Disclaimers; No Warranties
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) THE CATCH SERVICES AND THE CONTENT AND MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN WRITING BY CATCH; (B) THE CATCH PARTIES DISCLAIM ALL OTHER WARRANTIES, STATUTORY, EXPRESS, OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE CATCH SERVICES, INCLUDING ANY INFORMATION, CONTENT, OR MATERIALS CONTAINED THEREIN; (C) CATCH DOES NOT REPRESENT OR WARRANT THAT THE CONTENT OR MATERIALS ON THE CATCH SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE; (D) CATCH IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO TEXT OR PHOTOGRAPHY; AND (E) WHILE CATCH ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE CATCH SERVICES SAFE, CATCH CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE CATCH SERVICES OR OUR SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, AND THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CATCH OR THROUGH THE CATCH SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
Limitation of Liability and Damages
- If you have a question or concern about the Services, please contact us first. Our customer support team will try to answer your question or resolve your concern.
Limitation of LiabilityTO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT SHALL CATCH OR THE CATCH PARTIES BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE CATCH SERVICES, THE CONTENT OR THE MATERIALS, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM CATCH, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO CATCH’S RECORDS, PROGRAMS, OR SERVICES; AND (B) IN NO EVENT SHALL THE AGGREGATE LIABILITY OF CATCH, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE CATCH SERVICES EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE CATCH SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER. TO THE EXTENT THAT APPLICABLE LAW PROHIBITS LIMITATION OF SUCH LIABILITY, CATCH SHALL LIMIT ITS LIABILITY TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW.
Reference SitesTHESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY REFERENCE SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN Catch AND RECEIVED THROUGH OR ADVERTISED ON THE Catch SERVICES OR RECEIVED THROUGH ANY REFERENCE SITES.
Applicable Law and Venue
You and Catch agree to arbitrate any dispute arising from these Terms of Service or your use of the Catch Services, except that you and Catch are not required to arbitrate any dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. You and Catch agree that you will notify each other in writing of any dispute within thirty (30) days of when it arises. Notice to Catch shall be sent to: email@example.com. You and Catch further agree: to attempt informal resolution prior to any demand for arbitration; that any arbitration will occur in Santa Clara County, California; that arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of JAMS; and that the state or federal courts in Santa Clara County, California have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. Any dispute between the parties will be governed by this Agreement and the laws of the State of California and applicable United States law, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction. Whether the dispute is heard in arbitration or in court, you and Catch will not commence against the other a class action, class arbitration, or other representative action or proceeding.