These Terms and Conditions (referred to as these “Terms”) govern (i) your use of PressPlay (the “Platform”); (ii) your engagement with Dragonfly Media Limited (referred to throughout as “DiO”, “we” or “us”) as a member of our audience panel for the purposes of reviewing and providing feedback on Content (defined below) through the Platform (an “Audience Member”); and (iii) your access to all content available via the Platform, including any films, trailers, clips, scripts, characters, music, lyrics, polls, games, audio, documentation and any other materials viewed, provided or made available to you by or on behalf of DiO or otherwise via the Platform (collectively, the “Content”).
If you are a resident of a state in the United States, please note that these terms also contain a Mandatory Dispute Resolution Provision in Section 11 that requires all disputes between us to be resolved through binding arbitration and not through court. This provision does not apply to residents of any other jurisdiction.
By signing up to create an account as an Audience Member and accessing the Platform, you as the account creator agree to be bound by, and to comply with, these Terms. We recommend that you save a copy of these Terms for your reference.
If you have any questions regarding these Terms or would like to contact us with any related queries on your use of the Platform or your access to the Content, you can do so by emailing support@wearedio.com.
Your account & ID verification
You must be at least 16 years of age to become an Audience Member and you must only register one account per person. As part of the sign-up process your age, identity and background will be verified by our third party identity verification provider. You promise to us that all information and documentation that you provide to us as part of the sign-up and verification process is true, accurate and complete and that you have the legal right to share it with us.
Your account is strictly personal to you and you must not allow access to, or share your login details, password or any other account information (collectively “Credentials”) with any other individual (whether a member of your household or otherwise). You shall be responsible for keeping your Credentials strictly confidential and secure at all times. You shall remain liable to us for all use of your account and any access to the Platform via your account, whether authorized by you or otherwise. We reserve the right to amend your screen name, username or other handle if we deem them to be inappropriate or potentially offensive to other Audience Members.
You understand and accept that we have the right to suspend or terminate your account at any time if you breach these Terms, where we deem necessary in order to protect the interests of you, other users, DiO or any of our customers or suppliers or where we determine in our discretion that your account has been materially inactive or unused for a prolonged period of time.
Strict confidentiality
As a valued and trusted Audience Member, you will from time to time have access to certain Content via the Platform. You understand that the Content may be highly confidential and will often be provided to Audience Members exclusively prior to being disclosed to the wider public. During your time as an Audience Member you may also have access to the confidential information of DiO, its Content providers or its customers or suppliers. This information, together with the Content itself, is collectively referred to as “Confidential Information”.
You agree to: (i) ensure the absolute security and confidentiality of the Confidential Information at all times and (ii) not disclose the Confidential Information (whether in whole or in part) to any other person at any time.
You understand that your role as a trusted Audience Member comes with responsibilities, particularly regarding confidentiality and public disclosures. You must not at any time disclose to any person in any form (including for the avoidance of doubt by posting on social media or any other public forum): (i) the details or nature of any Content viewed via the Platform (e.g. plot lines, characters, endings etc.); (ii) your feedback, views or opinions on the Content; or (iii) the fact that you have viewed the Content.
Content & platform restrictions
You understand and agree that DiO employs various technologies to prevent the recording or copying by you or any third party of any Content. If these technologies detect that you are: (a) attempting to record or copy Content (e.g. recording your screen with a phone, camera or screen recording software); (b) viewing or accessing the Content in breach of these Terms (e.g. watching with friends or family, or watching from a non-approved location); or (c) breaching any other part of these Terms, your access to the Content will be automatically suspended.
In addition to the ID and verification checks on you as an individual, we may also use digital fingerprinting technology to gather certain information about your device hardware and software for quality control and fraud prevention purposes. This may include the automatic capture of information about your IP address, location data, operating system, screen display settings, browser type, use of Flash and Java and whether your device has a camera.
You may only access the Content remotely: (a) from your specified “home” location as submitted when you registered your account with us; and (b) in accordance with any other device or geo-location requirements that may be specified by us from time to time.
You shall not at any time do, or attempt to do, or authorise or allow any other person to do, any of the following acts:
copy, archive, reproduce, distribute, modify, display, mirror, frame, link to, perform, publish, license, create derivative works from, offer for sale, or use any Content or element of the Platform other than as expressly authorised in writing by DiO;
circumvent, remove, alter, deactivate, degrade, block, obscure or thwart any of the security or content protections or other elements of the Platform or Content, including the graphical user interface, any advertising or advertising features, copyright notices, and trademarks;
use any robot, spider, scraper or other automated means to access the Platform or Content;
decompile, reverse engineer or disassemble the Platform or any other software made available to you by DiO;
insert any code or product into or otherwise manipulate the Platform or Content in any way;
use any data mining, data gathering or extraction method; or
upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Platform, including any software viruses or any other computer code, files or programs.
You understand that the Content may be provided by third parties and that DiO gives no promises or commitments as to the nature, quality or standard of the Content. By way of example the Content may include work in progress material or film or audio which is not of final public release quality.
You understand that the Platform and Content is accessed via the internet and that we are not responsible for your connection to the Platform or for any third party service, hardware or materials used to access the Platform. The quality of the display of the Content may be affected by various factors including your location and the speed of your internet connection. We make no promise or commitment to you regarding the availability or performance of the Platform at any time.
You understand and acknowledge that illegally recording, copying, distributing and/or pirating copyrighted content may be a criminal offence and individuals who are found guilty of such offences may be subject to criminal sanctions.
Your role as an Audience Member
As an Audience Member you may have the opportunity via the Platform to provide your views, opinions and feedback on the Content. This feedback, including any and all contributions made by you, including all survey responses, ideas, inputs, suggestions, community posts, submissions, recordings, video, photos, camera capture and any other feedback on the Platform or the Content or any other information you provide to us via the Platform, is collectively referred to in these Terms as “Feedback”.
You will provide all Feedback to the best of your ability and you agree that all Feedback is true, represents your genuinely held beliefs, is accurate and is provided by you in good faith. You acknowledge and understand that where you do not provide full or complete Feedback (for example, by not completing surveys post-viewing of Content), you may not be provided access to exciting future Content and/or you may not be entitled to earn/receive PressPlay Points (as defined in paragraph 7 below).
You understand that as an Audience Member you are part of a special and unique community. Accordingly, you shall comply with all community guidelines and agree to act with respect and in good faith in all engagements with the Platform, including your interactions with other Audience Members, with regard to the Content and with DiO.
You shall not do or say anything that would bring DiO, the Platform or DiO’s customers or Content providers into disrepute.
You understand and agree that nothing in these Terms shall be construed to obligate us or our Content providers or our customers or suppliers to use your Feedback.
Intellectual Property
You hereby promise to us that: (i) all Feedback is original, is not confidential and does not infringe the rights of any third party; and (ii) you have not disclosed the Feedback to any third party.
You hereby irrevocably and absolutely assign to DiO with full title guarantee all right title and interest in or relating to the Feedback, including any and all intellectual property rights subsisting in or pertaining to the Feedback.
You hereby waive: (i) all moral rights which you may now or in the future be entitled to in the Feedback pursuant to the Copyright, Designs and Patents Act 1988; and (ii) any other similar or equivalent rights which may exist anywhere in the world. You further acknowledge and agree that any use of your Feedback by us or our Content providers or our customers or suppliers shall not entitle you to any form of credit in respect of the final published or distributed versions of the Content or any associated publicity.
For the avoidance of doubt, all rights (including intellectual property rights) in or relating to the Platform and the Content are fully reserved by and retained by DiO or its customers and suppliers (as appropriate).
You are hereby granted the non-exclusive, revocable, limited personal right to view the Content on your approved device solely for the specific purpose of providing Feedback as requested by us.
Rewards
By viewing Content and providing Feedback in accordance with these Terms you will have the opportunity to accrue reward points on the Platform (“PressPlay Points”). You can convert your PressPlay Points into various rewards (“Rewards”) via the “Points & Rewards” page accessible from your dashboard.
You shall not, whether directly or indirectly, through any automated, technical or other means, seek to fraudulently or artificially accrue PressPlay Points or claim Rewards. If we suspect you are engaged in such conduct or are otherwise in breach of these Terms (for example, you are not providing Feedback in accordance with these Terms, are operating multiple accounts or are otherwise seeking to fraudulently or artificially accrue PressPlay Points) we may suspend your account immediately and withhold your ability to claim Rewards. We reserve the right to withhold or award PressPlay Points at our sole discretion based on our determination of you successfully providing the relevant Feedback. We may also need to adjust or correct PressPlay Points if, for example, you have been awarded them in error or there is a system fault in displaying your PressPlay Points.
All Rewards are managed and provided by a third party service provider. Accordingly DiO shall have no liability to you or any other third party in relation to the claiming, redemption, nature or content of Rewards. You acknowledge that your redemption of Rewards may be subject to additional terms and conditions of the third party service provider and/or the applicable third party with which the Reward is redeemed.
For the avoidance of doubt, the accrual of PressPlay Points will be the sole benefit for the provision of any Feedback and you shall not be entitled to any compensation, remuneration, royalties or any other financial or non-financial benefit.
Please note that if you wish to deactivate your account with us, you should redeem all your PressPlay Points and exchange them for Rewards prior to unsubscribing, otherwise you will forfeit the remaining PressPlay Points associated with your account and they will be automatically deleted.
If your account is inactive for a period of 18 months, your unredeemed PressPlay Points will automatically be deleted – though we will contact you by email to notify you that this is about to happen and give you the opportunity to redeem them.
In accordance with applicable law, DiO reserves the right to change the amount and structure of the Rewards at any time in its sole discretion.
Data protection
DiO is committed to privacy and the security and protection of any personal data you may provide to us via the Platform.
To find out more about what personal data may be provided by you, collected by us and how it will be used, as well as further details on your rights in respect of this data, please see our Privacy Policy.
You can find a link to our biometric data collection and retention policy here
Liability
DiO provides access to the Platform using reasonable skill and care, but we cannot guarantee that the Platform will always function without disruptions, delays or imperfections.
Nothing in these Terms excludes or limit our liability to you for: (i) death or personal injury caused by our negligence; (ii) fraudulent misrepresentation; (iii) any statutory compensation you may be entitled to for damage to your device or anything on it caused directly by our Platform or the Content; or (iv) any other liability which the law does not permit us to exclude or limit.
Other than as set out above, we shall not have any liability to you, including for: (i) events or acts beyond our reasonable control; (ii) errors, omissions, interruptions, bugs or viruses on the Platform or in the Content; (iii) changes to the Platform or Content, including removal of Content or features; (iv) any loss of data or materials; or (v) any other losses you may suffer as a result of use of the Platform or accessing the Content.
You agree only to use the Platform strictly in accordance with these Terms and that you will compensate us (and our Content providers, our customers, suppliers, employees and agents) in full for any damages, losses, costs, expenses (including reasonable legal fees) and liabilities that we (or the other persons and parties listed in this paragraph 9.4) incur that arise out of any breach by you of these Terms or as a result of your misuse of the Platform, the Content and/or any other services we provide.
Other provisions
These Terms represent the entire agreement between you and us and shall, to the extent permitted by applicable law, apply to the exclusion of all other oral or written agreements or express or implied terms, conditions or warranties.
If any provision of these Terms is found by a competent court to be invalid, illegal or unenforceable, it shall not affect the validity or enforceability of any other provision of these Terms. No failure or delay by DiO to enforce any provision of these Terms will constitute a waiver of that provision or the right to enforce it.
We may amend these Terms from time to time. We will notify you of any such changes at least thirty (30) days before they come into effect. If you do not wish to accept the changes you may cancel your account with us and cease use of the Platform.
Without limiting any rights or remedies that we may have against you for any breach of these Terms by you, you acknowledge and agree that money damages alone would not be an adequate remedy for any such breach and that accordingly we shall be entitled, without proof of special damages, to the remedies of injunction, specific performance or any other equitable relief for any threatened or actual breach by you of these Terms.
There Terms shall be governed by and construed in accordance with the laws of England and any dispute arising between us in relation to these Terms shall be subject to the exclusive jurisdiction of the courts of England & Wales.
Dispute Resolution for US Residents Only: IF YOU ARE A US RESIDENT, PLEASE READ THIS “DISPUTE RESOLUTION” SECTION CAREFULLY, AS IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE OR PARTICIPATE IN A LAWSUIT FILED IN COURT.
If a dispute arises between you and DiO, we are committed to working with you to reach a reasonable resolution. For any such dispute, both parties acknowledge and agree that they will first make a good faith effort to resolve it informally before initiating any formal dispute resolution proceeding in arbitration or otherwise. This requires first sending a written description of the dispute to the other party. For any dispute you initiate, you agree to send the written description of the dispute along with the email address associated with your account, if any, to the following email address: support@wearedio.com. For any dispute that DiO initiates, we will send our written description of the dispute to the email address associated with your DiO account or other email address that we have on file for you. The written description must be on an individual basis and provide, at minimum, the following information: your name; a description of the nature or basis of the claim or dispute; and the specific relief sought. If the dispute is not resolved within sixty (60) days after receipt of the written description of the dispute, you and DiO agree to the further dispute resolution provisions below.
The above process for an informal dispute resolution is required before you may commence any formal dispute resolution proceeding. The parties agree that any relevant limitations period and filing fees or other deadlines will be tolled while the parties engage in this informal dispute resolution process.
Mutual arbitration agreement. You and DiO agree that all claims, disputes, or disagreements that may arise out of the interpretation or performance of these Terms (including its formation, performance, and breach) or payments by or to DiO, or that in any way relate to the provision or use of the Platform, your relationship with DiO, or any other dispute with DiO, shall be resolved exclusively through binding arbitration in accordance with this Section 11 (collectively, the “Arbitration Agreement”). This includes claims that arose, were asserted, or involve facts occurring before the existence of this Arbitration Agreement or any prior agreement as well as claims that may arise after the termination of this Arbitration Agreement, in accordance with the notice and opt-out provisions set forth in this Section 11). This Arbitration Agreement is governed by the Federal Arbitration Act (“FAA”) in all respects and evidences a transaction involving interstate commerce. You and DiO expressly agree that the FAA shall exclusively govern the interpretation and enforcement of this Arbitration Agreement. If for whatever reason the rules and procedures of the FAA cannot apply, the state law governing arbitration agreements in the state in which you reside shall apply.
Except as set forth in this Section 11, the arbitrator or arbitration body, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of the Terms and this Arbitration Agreement, including, but not limited to any claim that all or any part thereof are void or voidable, whether a claim is subject to arbitration, and any dispute regarding the payment of administrative or arbitrator fees (including the timing of such payments and remedies for nonpayment). The arbitrator or arbitration body shall be empowered to grant whatever relief would be available in a court under law or in equity.
Notwithstanding the parties' decision to resolve all disputes through arbitration, each party retains the right to (i) elect to have any claims resolved in small claims court on an individual basis for disputes and actions within the scope of such court's jurisdiction, regardless of what forum the filing party initial chose; (ii) bring an action in state or federal court to protect its intellectual property rights (“intellectual property rights” in this context means patents, copyrights, moral rights, trademarks, and trade secrets and other confidential or proprietary information, but not privacy or publicity rights); and (iii) seek a declaratory judgment, injunction, or other equitable relief in a court of competent jurisdiction regarding whether a party's claims are time-barred or may be brought in small claims court. Seeking such relief shall not waive a party's right to arbitration under this agreement, and any filed arbitrations related to any action filed pursuant to this paragraph shall automatically be stayed pending the outcome of such action.
You and DiO agree to submit to the personal jurisdiction of any federal or state court in Delaware in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator; and in connection with any such proceeding, further agree to accept service of process by U.S. mail and hereby waive any and all jurisdictional and venue defenses otherwise available.
Except as set forth in this Section 11, if any provision of this Arbitration Agreement is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions thereof remain in full force and effect. THE PARTIES UNDERSTAND THAT ARBITRATION MEANS THAT AN ARBITRATOR AND NOT A JUDGE OR JURY WILL DECIDE THE CLAIM, AND THAT RIGHTS TO PREHEARING EXCHANGE OF INFORMATION AND APPEALS MAY BE LIMITED IN ARBITRATION. YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU AND DIO ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Class arbitration and collective relief waiver. YOU AND DIO ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT ALLOWED BY LAW, EXCEPT AS SET OUT OTHERWISE IN THIS SECTION 11, ANY ARBITRATION SHALL BE CONDUCTED IN AN INDIVIDUAL CAPACITY ONLY AND NOT AS A CLASS OR OTHER CONSOLIDATED ACTION AND THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO RESOLVE AN INDIVIDUAL PARTY'S CLAIM, UNLESS DIO PROVIDES ITS CONSENT TO CONSOLIDATE IN WRITING. If there is a final judicial determination that either the Class Arbitration Action and Collective Relief Waiver or the provisions in this Section are not enforceable as to a particular claim or request for relief, then the parties agree that that particular claim or request for relief may proceed in court but shall be severed and stayed pending arbitration of the remaining claims. This provision does not prevent you or DiO from participating in a class-wide settlement of claims.
Arbitration rules. The arbitration will be administered by National Arbitration and Mediation (“NAM”) and resolved before a single arbitrator. If NAM is not available to arbitrate, the parties will select an alternative arbitration provider, but in no event shall any arbitration be administered by the American Arbitration Association. Except as modified by this “Dispute Resolution” provision, NAM will administer the arbitration in accordance with the NAM Comprehensive Dispute Resolution Rules and Procedures, Fees For Disputes When One of the Parties is a Consumer and the Mass Filing Dispute Resolution Rules and Procedures in effect at the time any demand for arbitration is filed with NAM, excluding any rules or procedures governing or permitting class or representative actions. The applicable NAM rules and procedures are available at www.namadr.com or by emailing National Arbitration and Mediation's Commercial Dept at commercial@namadr.com.
Initiating arbitration. Only after the parties have engaged in a good-faith effort to resolve the dispute in accordance with the Informal Dispute Resolution Procedure provision, and only if those efforts fail, then either party may initiate binding arbitration as the sole means to resolve claims using the procedures set forth in the applicable NAM rules. If you are initiating arbitration, a copy of the demand shall also be emailed to Claire.smith@wearedio.com. If DiO is initiating arbitration, it will serve a copy of the demand to the email address associated with your DiO account or the email that DiO has on file for you. The arbitrator has the right to impose sanctions in accordance with the NAM rules and procedures for any frivolous claims or submissions the arbitrator determines have not been filed in good faith, as well as for a party's failure to comply with the Informal Dispute Resolution Procedure contemplated by this Agreement.
Arbitration location and procedure. The arbitration will be conducted in the county where you reside, unless you and DiO otherwise agree or unless the designated arbitrator determines that such venue would be unreasonably burdensome to any party, in which case the arbitrator shall have the discretion to select another venue. If the amount in controversy does not exceed $10,000 and you do not seek injunctive or declaratory relief, then the arbitration will be conducted solely on the basis of documents you and DiO submit to the arbitrator, unless the arbitrator determines that a hearing is necessary. If the amount in controversy exceeds $10,000 or seeks declaratory or injunctive relief, either party may request (or the arbitrator may determine) to hold a hearing, which shall be via videoconference or telephone conference unless the parties agree otherwise.Subject to the applicable NAM rules and procedures, the parties agree that the arbitrator will have the discretion to allow the filing of dispositive motions if they are likely to efficiently resolve or narrow issues in dispute. Unless otherwise prohibited by law, all arbitration proceedings will be confidential and closed to the public and any parties other than you and DiO (and each of the parties’ authorized representatives and agents), and all records relating thereto will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award (provided that the party seeking confirmation shall seek to file such records under seal to the extent permitted by law).
Batch arbitration. To increase the efficiency of administration and resolution of arbitrations, in the event 100 or more similar arbitration demands (those asserting the same or substantially similar facts or claims, and seeking the same or substantially similar relief) presented by or with the assistance or coordination of the same law firm(s) or organization(s) are submitted to NAM (or another arbitration provider selected in accordance with Section 11 if NAM is unavailable) against DiO within reasonably close proximity (“Mass Filing”), the parties agree (i) to administer the Mass Filing in batches of 100 demands per batch (to the extent there are fewer than 100 arbitration demands left over after the batching described above, a final batch will consist of the remaining demands) with only one batch filed, processed, and adjudicated at a time; (ii) to designate one arbitrator for each batch; (iii) to accept applicable fees, including any related fee reduction determined by NAM (or another arbitration provider selected in accordance with Section 11 if NAM is unavailable) in its discretion; (iv) that no other demands for arbitration that are part of the Mass Filing may be filed, processed, or adjudicated until the prior batch of 100 is filed, processed, and adjudicated; (v) that fees associated with a demand for arbitration included in a Mass Filing, including fees owed by DiO and the claimants, shall only be due after your demand for arbitration is included in a set of batch proceedings and that batch is properly designated for filing, processing, and adjudication; and (vi) that the staged process of batched proceedings, with each set including 100 demands, shall continue until each demand (including your demand) is adjudicated or otherwise resolved. Arbitrator selection for each batch shall be conducted to the greatest extent possible in accordance with the applicable NAM rules and procedures for such selection, and the arbitrator will determine the location where the proceedings will be conducted. You agree to cooperate in good faith with DiO and the arbitration provider to implement such a “batch approach” or other similar approach to provide for an efficient resolution of claims, including the payment of combined reduced fees, set by NAM in its discretion, for each batch of claims. The parties further agree to cooperate with each other and the arbitration provider or arbitrator to establish any other processes or procedures that the arbitration provider or arbitrator believe will provide for an efficient resolution of claims. Any disagreement between the parties as to whether this provision applies or as to the process or procedure for batching shall be resolved by a procedural arbitrator appointed by NAM. This “Batch Arbitration” provision shall in no way be interpreted as increasing the number of claims necessary to trigger the applicability of NAM’s Mass Filing Supplemental Dispute Resolution Rules and Procedures or authorizing class arbitration of any kind. Unless DiO otherwise consents in writing, DiO does not agree or consent to class arbitration, private attorney general arbitration, or arbitration involving joint or consolidated claims under any circumstances, except as set forth otherwise in this Section. If your demand for arbitration is included in the Mass Filing, your claims will remain tolled until your demand for arbitration is decided, withdrawn, or is settled.
Arbitrator's decision. The arbitrator will render an award within the time frame specified in the applicable NAM rules and procedures. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator will have the authority to award monetary damages on an individual basis and to grant, on an individual basis, any non-monetary remedy or relief available to an individual to the extent available under applicable law, the arbitral forum's rules, and this Arbitration Agreement. The parties agree that the damages and/or other relief must be consistent with this Section 11 and also must be consistent with the terms of the “Liability” section of the Agreement as to the types and the amounts of damages or other relief for which a party may be held liable. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. Attorneys’ fees will be available to the prevailing party in the arbitration only if authorized under applicable substantive law governing the claims in the arbitration.
Fees. You are responsible for your own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise. The parties agree that NAM has discretion to reduce the amount or modify the timing of any administrative or arbitration fees due under NAM’s Rules where it deems appropriate (including as specified in this Section), provided that such modification does not increase the costs to you, and you further agree that you waive any objection to such fee modification. The parties also agree that a good-faith challenge by either party to the fees imposed by NAM does not constitute a default, waiver, or breach of this Section while such challenge remains pending before NAM, the arbitrator, and/or a court of competent jurisdiction, and that any and all due dates for those fees shall be tolled during the pendency of such challenge.
Right to opt-out of the Arbitration Agreement. IF YOU DO NOT WISH TO BE BOUND BY THE “ARBITRATION AGREEMENT” AS SET FORTH IN THIS SECTION, THEN: (1) you must notify DiO in writing within thirty (30) days of the date that you first use the Platform or otherwise become subject to this Arbitration Agreement; (2) your written notification must be mailed to Suite 1, 42 Jamaica Street, Liverpool, L1 0AF or emailed to Claire.smith@wearedio.com. and (3) your written notification must include (a) your name, (b) your address, (c) the date you purchased a product, if applicable and (d) a clear statement that you wish to opt out of this Arbitration Agreement. DiO will continue to honor any valid opt outs if you opted out of arbitration in a prior version of the Agreement pursuant to the requirements set forth in that version. If you do not timely opt out of this Arbitration Agreement, such action shall constitute mutual acceptance of the terms of this Arbitration Agreement by you and DiO.
Changes. DiO will provide thirty (30) days’ notice of any changes to this Arbitration Agreement by posting the change on the Platform, or providing any other notice in accordance with legal requirements. Any such changes will go into effect 30 days after DiO provides this notice and apply to all claims not yet filed. If you reject any such changes by opting out of the Arbitration Agreement, you may exercise your right to a trial by jury or judge, as permitted by applicable law, but any prior existing agreement to arbitrate disputes under a prior version of the Arbitration Agreement will not apply to claims not yet filed. If DiO changes this Arbitration Agreement after the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement), you agree that your continued use of the Platform 30 days after such change will be deemed acceptance of those changes. If you do not agree to such change, you may opt out by providing notice as described above
Contact Us. If you have any questions regarding these terms, please email us at: support@wearedio.com.
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