Terms of Use

These Terms of Use (“Terms”) are a contract between you and Devil Mask Studio, LLC (“Devil Mask Studio” or “we” or “our”) and govern your access to and use of our website, mobile application, and content (the “Site”) or any class, lecture, event, or experience made available by Devil Mask Studio separately or as part of your membership (collectively, “Classes”). The “Site” and “Classes” may collectively be referred to as the “Services” throughout these Terms.

Please read these Terms carefully before accessing and/or using the Site and/or Classes

THESE TERMS CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT REQUIRE YOU TO ARBITRATE ALL DISPUTES YOU HAVE WITH DEVIL MASK STUDIO ON AN INDIVIDUAL BASIS. PLEASE SEE SECTION 14 FOR MORE INFORMATION ABOUT THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. YOU EXPRESSLY AGREE THAT DISPUTES BETWEEN YOU AND DEVIL MASK STUDIO WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU HEREBY WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS WIDE ARBITRATION.

Acceptance of Terms. By accessing and/or using the Site and/or Classes, or clicking any button to indicate your consent, you accept and agree to be bound by these Terms, just as if you had agreed to these Terms in writing. If you do not agree to these Terms, do not use the Site or any Classes.

Amendment of Terms. Devil Mask Studio may amend the Terms from time to time. Unless we provide a delayed effective date, all amendments will be effective upon posting of such updated Terms. Your continued access to or use of the Site or Classes after such posting constitutes your consent to be bound by the Terms, as amended. Devil Mask Studio may also terminate the Services in entirety. Devil Mask Studio is not liable for any such modification, suspension, or termination of the Services.

Additional Terms. In addition to these Terms, certain classes, plans, experiences, offers, products, memberships, or services may also be subject to additional terms, conditions, guidelines or rules which may be posted, communicated or modified by us or applicable third parties at any time. Your use of any such class, plan, experience, offer, product, or service is subject to those additional terms and conditions, which are hereby incorporated by reference into these Terms, provided that in the event of any conflict between: (1) these terms and your Membership Agreement or a separately executed Release of Liability and Assumption of Risk between you and Devil Mask Studio, the latter shall control; or (2) any other such additional terms and these Terms, these Terms shall control.

Privacy. By visiting, accessing, or using any part of the Services, you accept the practices described in Devil Mask Studio’s Privacy Notice.

Eligibility. You may only use the Services if you are at least eighteen (18) years of age.

Our Content. The Services are owned and operated by Devil Mask Studio. The content, recordings, visual interfaces, graphics, design, compilation, information, computer code, products, software (including any downloadable software), or any music, images, video, text, services, and all other material or elements of or available through the Site and/or Classes provided by Devil Mask Studio (“Content”) are protected by the copyright, trade dress, patent, and trademark laws of the United States and other countries, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for your User Content (as defined in Section 4), all Content contained on the Site or provided through the Classes are the copyrighted property of Devil Mask Studio or its third-party licensors. All trademarks, service marks, and trade names are proprietary to Devil Mask Studio or its third-party licensors whether registered or unregistered and may not be used in connection with any product or service or in any manner that is likely to cause confusion as to our endorsement, affiliation or sponsorship of any person, product or service. Except as expressly authorized by Devil Mask Studio, you agree not to sell, license, distribute, copy, modify, download, record, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Content and may only access the Content for your personal, non-commercial use. In the event that Content are downloaded to your computer or mobile phone, you do not obtain any ownership interest in such Content. All rights not expressly granted in these Terms are reserved.

Bodily Injury. There are significant elements of risk, serious injury, or even death in any sport, activity, or training. By agreeing to these Terms, you understand that these risks may exist with regard to the Classes. You are responsible for bringing all prescribed medication, appropriate clothing and footwear, and/or any equipment deemed necessary for protecting yourself against injury. You should consult your physician or healthcare professional before partaking in our Services.

Electronic Communications. You expressly consent to receipt of electronic communications from Devil Mask Studio through posts on the Services and via the email you provided when setting up a user account. All agreements, notices, disclosures, authorizations, verifications, confirmations, or other electronic communications Devil Mask Studio provides according to this paragraph satisfy any legal requirement for written communication.

Equipment. You are solely responsible for purchasing, maintaining, and ensuring all equipment, programs, and services necessary for, and compatible with, your access to and use of the Services.

Payment Methods. You authorize Devil Mask Studio, or its authorized service provider, to charge your payment method (i.e., credit/debit card) for the Services. You may edit your payment method information by logging into the Site and editing it in your account settings. If a payment is not successfully settled due to expiration, insufficient funds or otherwise, you nonetheless will remain responsible for any uncollected amounts and authorize us to continue billing the payment method you have provided, as it may be updated, including in the event you attempt to create a new account, reactivate the unsettled account or sign up for a new account. This may result in a change to your payment billing dates. If we cannot charge your account, we reserve the right, but are not obligated, to terminate your access to the Services.

Recurring Billing. By initiating a Devil Mask Studio membership, you authorize us to charge you for your initial subscription period and a recurring monthly or annual membership fee at the then current rate, which may change from time to time. You acknowledge that the amount billed each month may vary for reasons that may include differing amounts due to promotional offers and/or changing or adding a plan, and you authorize us to charge your payment method for such varying amounts, which may be billed monthly in one or more charges. You also authorize us to charge you any other fees you may incur in connection with your use of the Services, such as any applicable sign-up fee, taxes and cancellation or late fees, as further explained below. Note that even if you do not use the membership or access the Services, you will be responsible for membership fees until you cancel your membership, or it is otherwise terminated.

Refunds for Services. Generally, our fees (including the monthly fee for your membership and any other fees) are nonrefundable unless we specifically communicate otherwise at the time of purchase. Subscriptions may be canceled in accordance with Section 3(f). WE DO NOT PROVIDE REFUNDS FOR ANY PRIOR MONTHS INCLUDING FOR UNUSED OR CANCELED CLASSES.

Refunds for Products. All products provided by us may be returned within 14 days for exchange only or a credit to be used at a Devil Mask Studio store at some future time. Returns are valid only for products that have not been opened, used, or damaged.

Price Changes. We reserve the right to adjust pricing at any time. Unless we expressly communicate otherwise, any price changes to your subscription will take effect on your next billing cycle upon notice communicated through a posting on the Devil Mask Studio website or mobile applicable or such other means as we may deem appropriate from time to time, such as email. If you do not cancel your subscription, you will be deemed to have accepted these new fees.

Cancellation of Membership. If you cancel your membership or it is terminated for any reason, you will lose access to all Classes, content, credits or features available through the membership. You may cancel your membership for convenience by providing a 30-day written notice to [email protected]. Devil Mask Studio may cancel membership for convenience at any time upon notice to You If You materially breach these Terms, Devil Mask Studio may cancel your membership for cause effective immediately upon notice to You and may retain any prepaid or previously paid Fees.

Reservation and Cancellation of Classes. You must reserve and cancel your Classes only through the Site.

Waitlist. If a Class is sold out, those interested in attending can sign up for the waitlist. If a ticket holder is not able to attend a Class, that ticket will be made available to the next person on the waitlist.

Late Arrivals. If you are more than 15 minutes late for a Class, you will be prohibited from entering the class. All late arrivals will be treated as cancelations and refunds will not be provided for the specific Class. If you’re concerned about being late to a Class, we encourage you to cancel your reservation via the Site as soon as possible and at least 7 days prior to the date of the applicable Class.

Cancellation. Your reservation for a Class may be canceled at least 7 days prior to the date of the applicable Class. If you miss a Class without canceling, you will not receive a refund for that Class.

Passwords and Security. Registering for the Services may require you to create a username and a password. You agree to maintain the security, confidentiality, and integrity of your username, password, and any other security measures employed on the Services. You are responsible for all access to and use of the Services, including all financial transactions, under your username and password, whether or not authorized by you. You agree to immediately notify Devil Mask Studio of any breach of security, including unauthorized use of your username or password, and to immediately take all reasonable steps to prevent its further occurrence, including changing your password.

Accuracy of Personal Information. You represent and warrant that all information provided to Devil Mask Studio through the Services is current, accurate, complete and truthful, including all initial or updated registration or membership information, such as the legal name, street address, email address, telephone number, and financial transaction account information. You further represent and warrant that you are an authorized account holder of any financial transaction account which you provide to Devil Mask Studio through the Services.

Without limiting the prohibitions and restrictions found elsewhere throughout the Terms, you agree not to:

• Harass, threaten, stalk, disrupt or defraud users, members or staff of Devil Mask Studio or any other person, or otherwise create or contribute to an unsafe, harassing, threatening or disruptive environment;
• Act in a deceptive or fraudulent manner by, among other things, impersonating another person or access another user’s account or signing up for more than one account;
• Share Devil Mask Studio passwords with any third party or encourage any other user to do so;
• Permit anyone to use any classes or services booked under your name;
• Reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast, use for commercial purposes or otherwise exploit any portion of the Site;
• Misrepresent the source, identity, or content of information transmitted via the Site, including deleting the copyright or other proprietary rights or notices from any portion of the Site;
• Upload material (i.e., virus) that is damaging to computer systems or data of Devil Mask Studio or users of the Site or otherwise use the Site in any manner that could damage, disable, overburden, or impair it or interfere with any other party’s use and enjoyment of the Site;
• Upload copyrighted material that is not your own or that you do not have the legal right to distribute, display, and otherwise make available to others;
• Upload or send to Site users pornographic, threatening, embarrassing, hateful, racially or ethnically insulting, libelous, or otherwise inappropriate content;
• Decompile, reverse engineer or disassemble the Site, in whole or in part, except as may be permitted by applicable law;
• Link to, mirror or frame any portion of the Site;
• Cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Site or unduly burdening or hindering the operation and/or functionality of any aspect of the Site;
• Attempt to gain unauthorized access to or impair any aspect of the Site or its related systems or networks or interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site;
• Make unsolicited offers, advertisements, proposals, or send junk mail or “spam” to users;
• Remove, circumvent, disable, damage or otherwise interfere with security-related features of the Site, any features that prevent or restrict use or copying of any content accessible through the Site, or any features that enforce limitations on the use of the Site or the content therein;
• Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site;
• Modify the Site in any manner or form, nor to use modified versions of the Site, including (without limitation) for the purpose of obtaining unauthorized access to the Site;
• Use any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site;
• Use the Site for or in connection with any purpose that is unlawful or prohibited by these Terms.

Devil Mask Studio reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion

The Site may include links or access to other web sites or services (“Linked Sites”) solely as a convenience to users. Devil Mask Studio does not endorse any such Linked Sites, or the information, material, products, or services contained on other linked sites or accessible through other Linked Sites. Furthermore, Devil Mask Studio makes no express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through Linked Sites. ACCESS AND USE OF LINKED SITES, INCLUDING THE INFORMATION, MATERIAL, CONTENT, PRODUCTS, AND SERVICES ON LINKED SITES OR AVAILABLE THROUGH LINKED SITES, IS SOLELY AT YOUR OWN RISK.

ASSUMPTION OF RISK AND WAIVER OF LIABILITY. THERE ARE RISKS INHERENT IN ACCESSING AND USING THE SERVICES, INCLUDING BODILY INJURY. YOU ARE AWARE AND UNDERSTAND THAT ACCESSING AND USING THE SERVICES IS A POTENTIALLY DANGEROUS ACTIVITY AND INVOLVES THE RISK OF PERSONAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, TEMPORARY OR PERMANENT DISABILITY, DEATH, PROPERTY DAMAGE, AND/OR FINANCIAL LOSS. YOU ACKNOWLEDGE THAT ANY INJURIES THAT YOU SUSTAIN MAY RESULT FROM OR BE COMPOUNDED BY THE ACTIONS, OMISSIONS, OR NEGLIGENCE OF THE STUDIO, INCLUDING NEGLIGENT EMERGENCY RESPONSE OR RESCUE OPERATIONS OF THE COMPANY. YOU EXPRESSLY ASSUME THESE RISKS, WILL ACCESS AND USE THE SERVICES AT YOUR OWN RISK, ACKNOWLEDGE THAT YOU ARE KNOWINGLY AND VOLUNTARILY ACCESSING AND USING THE SERVICES WITH AN EXPRESS UNDERSTANDING OF THE DANGER INVOLVED AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DISABILITY, DEATH, OR PROPERTY DAMAGE ARISING FROM ACCESSING AND USING THE SERVICES, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF THE STUDIO OR OTHERWISE. YOU WAIVE ANY AND ALL CLAIMS AGAINST DEVIL MASK STUDIO, AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS, RELATED TO SUCH ACCESS OR USE FOR ANY DAMAGE, LOSS, OR INJURY OF ANY KIND SUSTAINED BY YOU OR ANY PERSON ON YOUR MEMBERSHIP CAUSED AS A RESULT OF DEVIL MASK STUDIO’S NEGLIGENCE. THIS DOES NOT WAIVE CLAIMS RESULTING FROM GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR RECKLESS DISREGARD.

INDEMNIFICATION. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS DEVIL MASK STUDIO AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS, FROM AND AGAINST ANY AND ALL LOSS, EXPENSES, DAMAGES, AND COSTS, INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES, RESULTING, WHETHER DIRECTLY OR INDIRECTLY, FROM YOUR VIOLATION OF THESE TERMS. YOU ALSO AGREE TO INDEMNIFY AND HOLD HARMLESS DEVIL MASK STUDIO AND ITS OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS, FROM AND AGAINST ANY AND ALL CLAIMS BROUGHT BY THIRD PARTIES ARISING OUT OF YOUR USE OF THE SERVICES IN BREACH OF THESE TERMS.

DISCLAIMER OF WARRANTIES

YOU ARE ACCESSING THE SERVICES ON AN “AS IS, WHERE IS, AND AS AVAILABLE” BASIS. DEVIL MASK STUDIO IS NOT RESPONSIBLE FOR PROBLEMS ARISING FROM, OR INADEQUACIES IN THE CONTENT OF THE SERVICES OR ANY PARTICULAR FEATURES OR SERVICES OFFERED. DEVIL MASK STUDIO DOES NOT REPRESENT OR WARRANT THE ACCURACY, ADEQUACY, OR COMPLETENESS OF THE INFORMATION, MATERIALS, AND SERVICES ON THE SERVICES OR THE ERROR-FREE USE OF THE SERVICES. DEVIL MASK STUDIO IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET, INCLUDING INJURY OR DAMAGE TO USERS AND/OR MEMBERS OR TO ANY OTHER PERSON’S COMPUTER RELATED TO OR RESULTING FROM ACCESS TO OR USE OF THE SERVICES. DEVIL MASK STUDIO IS PROVIDING THE SERVICES WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND FREEDOM FROM A COMPUTER VIRUS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

LIMITATION OF LIABILITY

DEVIL MASK STUDIO’S LIABILITY TO YOU IS LIMITED TO $50 OR THE AMOUNTS, IF ANY, PAID BY YOU TO DEVIL MASK STUDIO UNDER THESE TERMS IN THE SIX (6) MONTHS PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM, WHICHEVER IS MORE. THE FOREGOING LIMITATIONS WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, REGARDLESS OF WHETHER DEVIL MASK STUDIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

UNDER NO CIRCUMSTANCES WILL DEVIL MASK STUDIO OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND PRODUCT LIABILITY), OR OTHERWISE, EVEN IF DEVIL MASK STUDIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, DEVIL MASK STUDIO’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

PLEASE READ THE FOLLOWING CAREFULLY:

If you have a legal dispute with Devil Mask Studio, except where prohibited by applicable law, you and we hereby agree to proceed as follows:

The foregoing shall not preclude Devil Mask Studio from seeking injunctive relief in any court of competent jurisdiction located in other countries and jurisdictions for protection of Devil Mask Studio’s intellectual property.

Any dispute, claim or controversy between you and Devil Mask Studio that arises from or relates in any way to these Terms (including any alleged breach thereof), or Devil Mask Studio’s relationship with you (collectively, “Dispute”) shall be exclusively resolved through binding individual arbitration except as specifically provided otherwise herein. “Dispute” as used in this section shall have the broadest possible meaning and include claims that arose before the existence of these Terms (or any prior agreement or terms). You and Devil Mask Studio each waive the right to a jury trial and the right to litigate disputes in court in favor of individual arbitration (except as set forth below). You and Devil Mask Studio each waive the right to file or participate in a class action against the other or otherwise to seek relief on a class basis. If there is a judicial determination that any particular claim cannot be arbitrated in accordance with this provision’s limitations, then only that claim may be brought in court. All other claims remain subject to this provision.

Before you commence arbitration of a claim, you must provide us with a written Notice of Dispute that includes your name, residence address, username, email address or phone number you use with Devil Mask Studio, a detailed description of the dispute and the relief that you seek. Any Notice of Dispute that you send to us should be emailed to us at [email protected] with a copy mailed to 529 S. Broadway #305, Los Angeles, CA 90014. Before we commence arbitration, we will send you a Notice of Dispute to the email address that you use with Devil Mask Studio (or by other appropriate means). If we are unable to resolve a Dispute within thirty (30) days after the Notice of Dispute is received, you or we may commence arbitration.

The U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to 529 S. Broadway #305, Los Angeles, CA 90014. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider, in California. Disputes involving claims and counterclaims under $250,000 (not inclusive of attorneys’ fees and interest) shall be subject to JAMS’ most current version of the Streamlined Arbitration Rules and procedures available at https://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS’ most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’ rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum.

You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the country where you live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

Notwithstanding the foregoing, either you or Devil Mask Studio may elect to have an individual claim heard in a small claims court having jurisdiction over the claim. If the request to proceed in small claims court is made after an arbitration has been initiated but before an arbitrator has been appointed, such arbitration shall be administratively closed. Any controversy over the small claims court’s jurisdiction shall be determined by the small claims court. All other issues (except as otherwise provided herein) are exclusively for the arbitrator to decide, including but not limited to scope and enforceability of these Terms, as well as any request to proceed in small claims court that is made after an arbitrator has been appointed.

You may opt out of this provision within 30 days of the date that you agreed to these Terms (which will be deemed to have occurred on your making of an order with Devil Mask Studio). To opt out, you must send your name, residence address, username, email address or phone number you use with Devil Mask Studio (and a clear statement that you want to opt out of this arbitration agreement) to: [email protected].

ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THESE TERMS MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS; ONLY INDIVIDUAL RELIEF IS AVAILABLE; AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If a decision is issued stating that applicable law precludes enforcement of any of this subsection’s limitations as to a given claim for relief, then the claim must be severed from the arbitration and brought into the state or federal courts located in the State of California. All other claims shall be arbitrated.

YOU AND DEVIL MASK STUDIO HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Devil Mask Studio are instead electing that all claims and disputes shall be resolved by arbitration under these Terms, except as specified in subsection (g) above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow these Terms as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

Waiver and Severability. To the extent that a court of competent jurisdiction determines any part of the terms and conditions in these Terms to be invalid or unenforceable, that part will be modified by the court solely to the extent necessary to cause that part to be enforceable, and the remainder of these Terms will remain in full force and effect. Devil Mask Studio’s failure to exercise or enforce a legal right, remedy or benefit which is contained in these Terms or any applicable law does not constitute waiver of its right to do so later.

Choice of Law; Forum. These Terms shall be governed in all respects by the laws of the State of California, without regard to conflict of law provisions, consistent with the Federal Arbitration Act (to the extent permitted by applicable law). If for any reason a claim proceeds in court rather than in arbitration (including any claims brought by parties outside the United States), the dispute shall be exclusively brought in state or federal court located in Los Angeles, California.

Assignment. We may assign our rights and obligations under these Terms. These Terms will inure to the benefit of our successors, assigns and licensees.