TERMS OF SERVICE

Last Updated: 04/06/2025

This Website Terms of Service ("TOS") governs how Marquee Brands, including its subsidiaries, affiliates, and brands (collectively, “Marquee,” “we,” “us,” “our”), provides its services (described below) to you through its websites that link to these TOS and through its related services (collectively referred to herein as the “Service(s)”). 

 

PLEASE READ THESE TOS CAREFULLY AS THEY MAY IMPACT YOUR LEGAL RIGHTS IN THE EVENT OF A DISPUTE BETWEEN US. BY CONTINUING TO ACCESS, LINK TO, OR USE THIS THE SERVICES, YOU SIGNIFY YOUR ACCEPTANCE OF THE AGREEMENT, INCLUDING WITHOUT LIMITATION, THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER DESCRIBED IN SECTIONS 8 AND 9 BELOW. 

 

We reserve the right, at our sole discretion, to change or modify portions of these TOS at any time. If we do this, depending on the nature of the change, we will post the changes on this page and indicate at the top of this page the date these terms were last revised. We may also notify you by other reasonable means as required by applicable law. Except where otherwise prohibited by applicable law, your continued use of the Services after the date any such changes become effective constitutes your acceptance of the new TOS.  

 

For information about how we handle information from or about you, please see our Privacy Policy, which is incorporated into these TOS by reference. 

 

If you do not agree to these TOS or our Privacy Policy, please do not use the Services.  

 

1. Access and Use of the Service 

  • 1.1 Use Description: 

The Services are provided solely for your personal and non-commercial use. We grant you a limited, non-exclusive, non-transferable, license to access and use the Marquee content for these purposes. Except for the foregoing limited license, no right, title or interest shall be transferred to you. Marquee may revoke your license at any time in its sole discretion.  

  • 1.2 Your Registration Obligations: 

You may be required to register in order to access and use certain features of the Services. If you choose to register for the Services, you agree to provide and maintain true, accurate, current and complete information about yourself. If you are under 13 years of age, you are not authorized to use the Service, with or without registering. In addition, if you are under 18 years old but over 13 years old, you may use the Service, with or without registering, only with the approval of your parent or guardian. 

You may not use another's account, and you may not provide another person with the username and password to access your account. You are fully responsible for any and all activities that occur under your password or account, and it is your responsibility to ensure that your password remains confidential and secure. You agree to immediately notify Marquee of any unauthorized use of your password or account or any other breach of security. Marquee will not be liable for any loss or damage arising from your failure to comply with this Section. 

  • 1.3 Modifications to the Services: 

Marquee reserves the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that Marquee will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.  

  

2. Conditions of Use 

You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (“content”) that you upload, post, publish or display (hereinafter, “upload”) or email or otherwise use via the Services. Marquee reserves the right to investigate and take appropriate legal action against anyone who, in Marquee' sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Service to: 

 

  • email or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of Marquee, is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose Marquee or its users to any harm or liability of any type; 

  • interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; 

  • violate any applicable local, state, national or international law, or any regulations having the force of law; 

  • impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; solicit personal information from other users; 

  • harvest or collect email addresses or other contact information of other users from the Services by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications; 

  • advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized; 

  • further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or 

  • obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Services. 

 

3. Intellectual Property Rights 

  • 3.1 Service Content, Software and Trademarks: 

You acknowledge and agree that the Services may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Marquee, you agree not to modify, copy, frame, scrape, reverse-engineer, rent, lease, loan, sell, distribute or create derivative works based on the Services or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. In connection with your use of the Services you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by Marquee from accessing the Services (including blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Services or the Service Content other than as specifically authorized herein is strictly prohibited. Any rights not expressly granted herein are reserved by Marquee. 

 

The Marquee name and logos and the names and logos of our brands are trademarks and service marks of Marquee (collectively the “Marquee Trademarks”). Other product and service names and logos used and displayed via the Services may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Marquee. Nothing in this TOS or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Marquee Trademarks displayed on the Services, without our prior written permission in each instance. All goodwill generated from the use of Marquee Trademarks will inure to our exclusive benefit. 

 

  • 3.2 Third Party Material: 

Under no circumstances will Marquee be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Marquee does not pre-screen content, but that Marquee and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Services. Without limiting the foregoing, Marquee and its designees will have the right to remove any content that violates these TOS or is deemed by Marquee, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. 

 

  • 3.3 User Content Transmitted Through the Service: 

With respect to the content or other materials you upload through the Services or share with other users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein, and that you have all required rights to post or transmit such content or other materials without violation of any third-party rights. By uploading any User Content you hereby grant and will grant Marquee and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, adapt, perform, publish, distribute (through multiple tiers of distribution and partnerships), store, modify and otherwise use and fully exploit your User Content in any and all media, form, medium, technology or distribution methods now known or later developed and for any and all purposes (commercial or otherwise). 

 

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information relevant to the Service (“Submissions”), provided by you to Marquee, its affiliated companies are non-confidential and Marquee, its affiliated companies will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. 

 

You acknowledge and agree that Marquee may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these TOS; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Marquee, its users and the public. You understand that the technical processing and transmission of the Services, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. 

 

  •  3.4 Digital Millenium Copyright Act Notice 

Marquee respects copyright laws and intellectual property rights, and we expect and encourage our users to do the same. In accordance with the Digital Millennium Copyright Act of 1998 (“DMCA”), which you may find in full on the U.S. Copyright Office website, Marquee will do our best to respond with due diligence to claims of copyright infringement when such claims are reported to us using the sample notice form below.  If you believe that your work has been copied in a way that constitutes copyright infringement and is displayed in Marquee’s Service, please provide substantially the following information to our Copyright Agent: 

 

DMCA NOTICE OF ALLEGED INFRINGEMENT (“NOTICE”) 

  • Identify the copyrighted work that you claim has been infringed or a list of copyrighted works that you claim have been infringed. 

  • Identify the material or link you claim is infringing and to which access you think should be disabled, including the URL of the link shown on the Service or the exact location where such material may be found. 

  • Provide your personal or company name, mailing address, telephone number, and email address. 

  • In the body of such notice, you must include a statement that you have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, agent, or the law. 

  • A statement that the information in such notice is accurate and, under penalty of perjury, that you as the complaining party are the owner or authorized to act on behalf of the owner. 

Marquee’s copyright agent can be reached as follows: 

Marquee Brands 
Attn: Copyright Agent 
330 W 34th St.
Floor 15
New York, NY 10001
info@marqueebrands.com 

4. Third Party Websites and Services 

The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. Marquee has no control over such sites and resources and Marquee is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that Marquee will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Services are between you and the third party, and you agree that Marquee is not liable for any loss or claim that you may have against any such third party. 

  

5. Indemnity and Release 

To the fullest extent permitted by law, you agree to release, indemnify and hold Marquee and its affiliates and their officers, employees, directors and agent harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Services, any User Content, your connection to the Services, your violation of these TOS or your violation of any rights of another. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine. 

  

6. Disclaimer of Warranties 

YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, MARQUEE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. 

 

MARQUEE MAKES NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS. 

 

We make reasonable effort to display merchandise on the Services as accurately as possible. Unfortunately, various factors, including the display and color capabilities of your computer monitor, may significantly affect what you actually see on your screen. We are not responsible for the display of any color, texture or detail of its merchandise on your computer screen and cannot guarantee the accuracy thereof.  IF YOU RELY ON ANY DATA OR INFORMATION OBTAINED THROUGH THE SERVICES, YOU DO SO AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT RESULTS FROM YOUR USE OF SUCH DATA OR INFORMATION.   

 

7. Limitation of Liability 

YOU EXPRESSLY UNDERSTAND AND AGREE THAT MARQUEE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MARQUEE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICES; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (V) ANY OTHER MATTER RELATING TO THE SERVICES. IN NO EVENT WILL MARQUEE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID MARQUEE IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100). 

 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE LOCATED IN NEW JERSEY, THESE LIMITATIONS AND EXCLUSIONS DO APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TOS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE. 

8. Mandatory Arbitration and Class Action Waiver. 

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE OR PARTICIPATE IN A LAWSUIT IN COURT. 

 

8.1. Informal Dispute Resolution Procedure. If a Dispute (as that term is defined below) arises between you and Marquee, we are committed to working with you to try 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. Such informal resolution 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 applicable, to the following email address: info@marqueebrands.com. 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; the specific relief sought; and proof of your relationship with Marquee.  

 

[[OPTIONAL PARAGRPAH – SEE COMMENT]]. You and Marquee agree, following receipt of the written description, to negotiate in good faith about the Dispute through an informal telephonic dispute resolution conference. The informal telephonic dispute resolution conferences shall be individualized such that a separate conference must be held each time either party intends to commence individual arbitration; multiple individuals initiating claims cannot participate in the same informal telephonic dispute resolution conference. If either party is represented by counsel, that party’s counsel may participate in the informal telephonic dispute resolution conference, but the party also must appear at and participate in the conference, unless one party states in writing that the other party need not participate.]] 

 

If the Dispute is not resolved within sixty (60) days after receipt of the written description of the Dispute, you and Marquee agree to the further Dispute resolution provisions below. 

The aforementioned informal dispute resolution process, including your personal participation in the informal dispute resolution telephonic conference, is a prerequisite and condition precedent to commencing 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.  

 

8.2. Mutual Arbitration Agreement. If the informal dispute resolution procedure does not lead to resolution, then either party may initiate binding arbitration as the sole means to resolve Disputes, (except as expressly provided herein) subject to the terms set forth below and the National Arbitration and Mediation (“NAM”) rules. If you are initiating arbitration, a copy of the demand shall also be emailed to info@marqueebrands.com.  If you are a Marquee registered user, any demand initiating arbitration, whether filed by you or Marquee, must include the email address you used to register with Marquee. 

 

You agree that by using the Services in any way, you unconditionally consent and agree that any claim, dispute, or controversy (whether in contract, tort, or otherwise) you may have against Marquee and/or its parent, subsidiaries, affiliates, brands, and each of their respective current or former members, officers, directors and employees (all such individuals and entities collectively referred to herein as the “Marquee Entities”) arising out of, relating to, or connected in any way with Marquee’s Services or these TOS, including the determination of the scope, enforceability, or applicability of this Arbitration Agreement (as defined below), including, but not limited to any claim that all or any part thereof of this Arbitration Agreement is 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) (“Dispute”) will be resolved exclusively by final and binding arbitration in accordance with this Section 8 (“Arbitration Agreement”).  

 

This Arbitration Agreement is intended to be interpreted broadly, and it applies to 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 Sections 8.10 (“30-Day Right to Opt Out”) and 8.11 (“Changes”) set forth herein. If you accept this Arbitration Agreement, then any previous arbitration agreement you had with Marquee is superseded and any Disputes, regardless of when they arose, will be subject to the provisions of this Arbitration Agreement. This Arbitration Agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16. 

 

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 initially 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) or for defamation; and (iii) seek a declaratory judgment, injunction, or other equitable relief in a court of competent jurisdiction regarding whether a complaining party has satisfied the Informal Dispute Resolution Procedure described in Section 8.1 above (including whether the written description contained all required information), 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 Arbitration Agreement, and any filed arbitrations related to any action filed pursuant to this paragraph shall automatically be stayed pending the outcome of such action. 

 

8.3. Class Arbitration and Collective Relief Waiver. YOU AND MARQUEE ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT ALLOWED BY LAW, EXCEPT AS SET OUT OTHERWISE IN SECTION 8.6 (“BATCH ARBITRATION” BELOW, ANY ARBITRATION SHALL BE CONDUCTED IN AN INDIVIDUAL CAPACITY ONLY AND NOT AS A CLASS OR COLLECTIVE 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 MARQUEE PROVIDES ITS CONSENT TO CONSOLIDATE IN WRITING. 

 

8.4. Arbitration Rules. The arbitration will be administered by NAM and conducted before a sole arbitrator in accordance with the rules of NAM, including, as applicable, 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. 

 

8.5. Arbitration Location and Procedure. For all U.S. residents, the arbitration shall be held (i) at a location determined under the applicable NAM rules and procedures that is reasonably convenient for you and is no more than 100 miles from your home or place of business; or (ii) at another location you and we agree upon. For non-U.S. residents, the arbitration shall be held in New York City, New York (unless otherwise agreed by the parties).  

 

The arbitrator shall apply New York law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law. The arbitrator or arbitration body shall be empowered to grant whatever relief would be available in a court under law or in equity. 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 Arbitration Agreement. 

 

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 Marquee submit to the arbitrator, unless the arbitrator determines that a hearing is necessary or the parties agree otherwise. 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 Marquee (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). 

 

8.6. 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 against Marquee (“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 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 Marquee 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 Marquee 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 Marquee otherwise consents in writing, Marquee 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 in this Section 8.6 (“Batch Arbitration”). 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. 

 

The parties agree that this Batch Arbitration provision is integral to the Arbitration Agreement insofar as it applies to a Mass Filing. If the Batch Arbitration provision in this Section 8.6 (“Batch Arbitration”) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Agreement shall be null and void, and neither you nor Marquee shall be entitled to arbitrate any claim that is a part of the Mass Filing. 

 

8.7. Mediation Following First Batch in a Mass Filing. The results of the first batch of demands will be given to a NAM mediator selected from an initially proposed group of 5 mediators, with Marquee and the remaining claimants’ counsel being able to strike one mediator each and then rank the remaining mediators and the highest collectively ranked mediator being selected. The selected mediator will try to facilitate a resolution of the remaining demands in the Mass Filing. After the results are provided to the mediator, Marquee, the mediator and the remaining claimants will have 90 days (the “Mediation Period”) to agree on a resolution or substantive methodology for resolving the outstanding demands. If they are unable to resolve the outstanding demands during the Mediation Period, and cannot agree on a methodology for resolving them through further arbitrations, either Marquee or any remaining claimant may opt out of the arbitration process and have the demand(s) proceed in court. Notice of the opt-out will be provided in writing within 60 days of the close of the Mediation Period. If neither Marquee nor the remaining claimants opt out and they cannot agree to a methodology for resolving the remaining demands through further arbitration, the arbitrations will continue with the batching process. Opt out of arbitration under this section shall not be construed as opt out of Section 9 titled “Class Action Waiver” below. Absent notice of an opt-out, the arbitrations will proceed in the order determined by the sequential numbers assigned to demands in the Mass Filing. 

 

8.8. Arbitrator’s Decision. The arbitrator’s decision shall be controlled by the terms and conditions of these TOS and any of the other agreements referenced herein that the applicable user may have entered into in connection with the Services. 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 the terms of the “Limitation of Liability” section of these TOS as to the types and the amounts of damages or other relief for which a party may be held liable.  

 

No individual arbitration award or decision will have any preclusive effect as to issues or claims in any dispute, except to preclude the same or similar claims from being re-arbitrated between the same parties. Attorneys’ fees will be available to the prevailing party in the arbitration if authorized under applicable substantive law governing the claims in the arbitration. 

 

8.9. Fees. If you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Marquee will pay any filing and hearing fees in in excess of $250 that the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive regardless of the outcome of the arbitration, unless the arbitrator determines that your claim(s) were frivolous or asserted in bad faith, in which case arbitration fees (including attorneys’ fees) may be imposed upon you consistent with the Arbitrator’s Rules and the standard for sanctions set forth in Federal Rule of Civil Procedure 11. You are responsible for your own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise, including as set forth in this Arbitration Agreement. 

 

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 Section 8.6 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 Arbitration Agreement 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. 

 

8.10. 30-Day Right to Opt Out. You have the right to opt out and not be bound by the Arbitration Agreement by sending written notice of your decision to opt out to info@marqueebrands.com with the subject line, “ARBITRATION OPT-OUT”. The notice must be sent within thirty (30) days of [INSERT DATE OF LAST UPDATE] or your first use of the Service, whichever is later. Otherwise, you shall be bound to arbitrate disputes in accordance with the terms of these paragraphs. If you opt out of the Arbitration Agreement, Marquee also will not be bound by it. If you opt-out of a new clause, the prior clause will continue to govern any disputes between you and Marquee, unless you had opted out of that clause as well. You agree that, if at some point in the future Marquee removes Arbitration Agreement, restoring the right to proceed in court, no opt out from that change is required. Marquee 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 these “Dispute Resolution” provisions by you and Marquee. 

 

8.11. Changes. Marquee will provide thirty (30) days’ notice of any material changes to this “Mandatory Arbitration and Class Action Waiver” section. Any such changes will go into effect 30 days after Marquee provides this notice and apply to all claims not yet filed regardless of when such claims may have accrued. If Marquee changes this “Mandatory Arbitration and Class Action Waiver” section after the date you first accepted this Arbitration Agreement (or accepted any subsequent changes to this Arbitration Agreement), you agree that your continued use of the Service 30 days after such change will be deemed acceptance of those changes. 

 

8.12  Severability. If any part of Sections 8 or 9 is found by a court of competent jurisdiction to be unenforceable, the court will reform the agreement to the extent necessary to cure the unenforceable part(s), and the parties will arbitrate their Dispute(s) without reference to or reliance upon the unenforceable part(s). However, if for any reason the Section 9 (“Class Action Waiver”) set forth below or Section 8.6 (“Batch Arbitration”) cannot be enforced as to some or all of the Dispute, then the agreement to arbitrate will not apply to that Dispute or portion thereof. Any Disputes covered by any deemed unenforceable Class Action Waiver provision may only be litigated in a court of competent jurisdiction, but the remainder of the agreement to arbitrate will be binding and enforceable. 

 

9. Class Action Waiver 

 

You may only resolve Disputes with Marquee on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, collective, consolidated or representative action. Except as described in Section 8.6 (“Batch Arbitration”), class actions, class arbitrations, collective actions, private attorney general actions and consolidation with other arbitrations aren’t allowed.  

10.  SMS Terms 

These Marquee SMS Terms (the “SMS Terms”) govern the provision, receipt, and delivery of text messages by or on behalf of Marquee (“Marquee,” “we,” “us,” or “our”). Depending on the consent you’ve provided, our text messages (the “Marquee Texts”): (1) provide you with information you requested from us; (2) provide updates regarding transactions with or through us; and/or (3) provide you with marketing or promotional content that may interest you, including reminders about pending items in your shopping cart. 

 

E-SIGN Disclosure and Agreement 

 

By providing your consent to receive Marquee Texts (as described below), you also consent to the use of an electronic record to document your agreement. You may withdraw your consent to the use of the electronic record by emailing us at info@marqueebrands.com with “Revoke Electronic Consent” in the subject line. 

 

To view and retain a copy of this disclosure or any information regarding your enrollment in this program, you will need (i) a device (such as a computer or mobile phone) with a web browser and Internet access and (ii) either a printer or storage space on such device. For a free paper copy, or to update our records of your contact information, email us at info@marqueebrands.com with contact information and the address for delivery. 

 

Agreement and Consent to Receive Marquee Texts 

 

You can provide us with your consent to receive Marquee Texts in multiple ways, such as by purchasing tickets from us, through communications or other transactions with us, or by opting into receiving marketing Marquee Texts. By providing your consent, you agree to these SMS Terms, Marquee’s TOS, and Marquee’s Privacy Policy. By providing consent, you authorize us to use automated or nonautomated technology to send Marquee Texts to the number associated with your consent. You may opt into receiving Marquee Texts with marketing content, and consent to receiving marketing texts is not a condition of purchase.  

 

Eligibility 

 

By consenting to receive Marquee Texts, you represent that you are 18 years of age or older and understand the obligations and agree to the terms set forth in these SMS Terms and Marquee TOS. You further represent that you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and for which you are authorized to opt into Marquee Texts. 

 

Costs of Marquee Texts 

 

Marquee does not charge you for Marquee Texts. But message and data rates may apply, so depending on your plan with your wireless or other applicable provider, you may be charged by your carrier or other applicable provider. 

 

Frequency of Text Messages 

 

We may send you an initial message confirming your enrollment in Marquee Texts. After that, you will receive recurring text messages, and the specific amount may vary depending on how you use our services (e.g. whether you reply with HELP, the number of ticket purchases or sales you make on Marquee). 

 

Participating Carriers 

 

Marquee Texts are supported on all U.S. carriers. The supporting mobile carriers may change without notice, and the particular Marquee Texts program you join, including those operated through a different number, may be limited to specific carriers. Marquee and the mobile carriers (for example, T-Mobile) are not liable for delayed or undelivered messages. Marquee Texts may not be compatible with all cell phone models. 

 

Opting out of Marquee Texts 

 

To get help about Marquee Texts, reply HELP to any Marquee Text. To opt out of Marquee Texts from a specific phone number, you must text STOP to that number. Texting STOP to one phone number will opt you out of further Marquee Texts from that specific phone number. You must separately opt out of each number from which you’ve provided us with consent to receive Marquee Texts. After we receive your “STOP” text, we may send you confirmation of your opt-out to a Marquee Text program via text message.  

 

Modifications to these SMS Terms 

 

We reserve the right to modify these SMS Terms, or any part thereof, or add or remove terms at any time, and such modifications, additions or deletions will be effective immediately upon posting. Your continued enrollment in Marquee Texts shall be deemed to constitute acceptance by you of such modifications, additions, or deletions. 

 

Contact Us 

 

For more information, please contact us at info@marqueebrands.com. 

 

11.  Payments 

You agree to pay all applicable charges and fees (including taxes, shipping and handling) related to any purchase you make on or through the Services, which are described in your cart, upon checkout. All payments are processed and collected by our third party service providers. Returns are subject to our terms of sale and returns/refunds policies, which will also be provided to you at checkout. 

Depending on the specific websites of the Services you are making purchases on, you may have a limited amount of time to purchase the products. Some of our brands offer a limited number of each item and do not guarantee product replenishment. In these situations, we will fulfill orders in the order they are received, and therefore products may sell out before your order for such product is fully processed. In the event that we cannot fully process your order due to such lack of products, we will refund the fees you paid for the unavailable product to your payment card. 

12. General 

These TOS constitute the entire agreement between you and Marquee and govern your use of the Services, superseding any prior agreements between you and Marquee with respect to the Services. You also may be subject to additional terms and conditions that may apply when you use affiliate or third party services, third party content or third party software. These TOS will be governed by the laws of the State of New York without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth in Section 8 above, you and Marquee agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within New York. The failure of Marquee to exercise or enforce any right or provision of these TOS will not constitute a waiver of such right or provision. If any provision of these TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or these TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this TOS and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this TOS to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign this TOS without the prior written consent of Marquee, but Marquee may assign or transfer this TOS, in whole or in part, without restriction. The section titles in these TOS are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. Under no circumstances shall Marquee be held liable for any delay or failure in performance resulting directly or indirectly from an event beyond its reasonable control. The Services may also provide notices to you of changes to these TOS or other matters by displaying notices or links to notices generally on the Services. 

 

13.  Local Laws/Export Control 

 

We control and operate the Services from our headquarters in the United States of America. Content and/or Services may not be appropriate or available for use in other locations. If you use the Services outside the United States of America, you are solely responsible for following applicable local laws.  In using the Services, you agree to comply fully with all U.S. and foreign export control and economic sanctions laws and regulations that apply to the Services, including restrictions on any use of the Services where data is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. By using the Services, you represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government export embargo, or that has been sanctioned by the Office of Foreign Assets Control, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. 

14. Contact Us 

Please contact us at info@marqueebrands.com with any questions regarding this TOS.