Tribunal Submission Terms
Effective Date: September 17, 2021
These Submission Terms apply when submitting information to Tribunal and any other website, application, or other feature or online service operated by Picrow Streaming Inc., its parents, subsidiaries or affiliates (collectively “Picrow”) in relation to the “Tribunal” streaming program (the “Program”) that posts or includes a link to these Submission Terms (collectively, the “Site”).
Please carefully read these Submission Terms before providing information to the Site, as they may affect your legal rights and obligations. You affirm that you have the capacity and authority to agree to these Submission Terms.
ARBITRATION NOTICE: Except for certain types of disputes described in the arbitration/class-action waiver/dispute resolution provision below, you and Picrow agree that disputes between you and Picrow will be resolved by binding, individual arbitration or batch arbitraton, as set forth below. That means that an arbitrator, not a judge or jury, will decide any dispute and that you waive your right to bring an action in court before a judge or jury. You also waive your right to bring or resolve any dispute as, or participate in, a class, consolidated, representative, collective, or private attorney-general action or arbitration.
Case and Other Content Submissions
The Site allows you to submit certain information to us, primarily regarding a case or potential case for consideration to appear on the Program (collectively, “Submission”). You are solely and entirely responsible for the Submission that you provide to the Site and its accuracy.
You understand that your Submission will not be acknowledged or returned. You understand that you are providing your Submission voluntarily and no confidential or any other fiduciary or legal relationship exists between yourself and Picrow.
By submitting a Submission, you agree that, to the extent applicable, you either: (i) own the rights to the Submission you submit and the right to grant all of the rights and licenses in these Submission Terms; or (ii) you have all necessary rights and licenses from the owner(s) of these rights to enter into these Submission Terms and grant Picrow the license below. Upon Picrow’s request, you will furnish Picrow any documentation, substantiation or releases necessary to verify your compliance with these Submission Terms.
Persons will be deemed eligible for selection to appear on the Program only if they meet the following requirements:
- Age. You must be at least eighteen (18) years of age and meet the age of majority in your state of residence.
- Residency. You must reside in and be a legal resident of the United States.
- Original and Yours. Your Submission must be about you. You may not use a false e‑mail address or otherwise mislead us or third-parties as to the origin of any Submission. Your Submission may not impersonate any other person or company.
- No Submissions from Affiliates: Employees and affiliates of “Tribunal”, “Picrow” (including all affiliated entities, parent companies, subsidiaries and licensees) are prohibited from making submissions.
- Original Content. All content included in your Submission must be original to you and you must have all rights in the Submission. Do not include any content in your Submission that belongs to other people and pass it off as your own. This includes any content that you might have found elsewhere on the Internet.
- Unresolved Dispute. Your Submission must relate to a case or controversy pertaining to you that has not yet been fully and finally litigated.
- Prohibited Content. Your Submission must not include any information or content that is false, fraudulent, obscene, pornographic or otherwise adult-oriented or sexually explicit material, excepting solely as may be contained in or as a part of a filed or prospective legal claim.
- No Commercial Purposes. Your Submission may not advertise or promote a product or service. You may not use your Submission as a way to raise money for anyone or for a pyramid or other multi-tiered marketing scheme.
- No Harmful or Violent Content. Your Submission may not threaten, abuse or harm others, or otherwise promote violence.
- No Illegal Content. Your Submission may not promote any illegal activity. If you do submit a Submission that is illegal or in violation of applicable law, we reserve the right to take action that we deem appropriate, in our sole discretion, including reporting you to the proper governmental authorities.
- No Infringing Content. Your Submission must not infringe, misappropriate, or violate any rights of any third party including, without limitation, copyright (including moral rights), trademark, trade secret, or rights of privacy or publicity, excepting solely as may be contained in or as a part of a filed or prospective legal claim.
- No Damaging Content. Your Submission must not include any malware, spyware, viruses or similar harmful code or content.
You represent, warrant, acknowledge, and agree that your Submission is honest and accurate. In the event a Submission is found to violate any eligibility or submissions requirements, we reserve all rights to disqualify you from participation in the Program.
Our License to Use Submissions
You remain the owner of your Submission, but you acknowledge that Picrow must have a license from you in order to accept your Submission. Accordingly, you grant to Picrow an unrestricted, worldwide, irrevocable, perpetual, transferable and royalty-free license (but not obligation) to – at any time and without restriction – host, use, edit, copy, publish, distribute, display, perform, reproduce, translate, store or otherwise use or exploit all or any portion of your Submission for any purpose whatsoever in all formats, on or through any media, technology or device now known or hereafter developed, without any additional notice, permission, approval, or compensation.
You agree that Picrow is free to use any ideas or concepts contained in any Submission for any purposes whatsoever, including, without limitation, developing, manufacturing and marketing the Program or other entertainment program, additional features and services, and creating informational articles, without any payment of any kind to you. This may include any Submission that you submit through our accounts on social media websites (e.g., Facebook, Instagram, Twitter, and LinkedIn). To the fullest extent permitted, you waive any moral rights you may have in any Submission you submit, even if such Submission is altered or changed in a manner not agreeable to you.
You acknowledge that Picrow may be working on or developing material similar or the same in nature to your Submission and that Picrow may have received similar or the same intellectual property rights from another party. Picrow owes you no obligation connected to your submissions unless you and Picrow enter a written agreement to that effect. Any discussion or negotiations between you and Picrow regarding your submissions does not constitute recognition of the novelty or originality of your Submission.
You agree that Picrow has no obligation to monitor or enforce your intellectual property rights to your Submission but has the right to protect and enforce its and its licensees’ rights to your Submission. Picrow will not have any obligation to you with regard to your Submission and Picrow may or may not monitor, display, or accept your Submission and may delete it at any time. We take no responsibility and assume no liability for any Submission submitted by you or any third party.
No Compensation for Submissions
Except as may be otherwise expressly agreed to between us in writing, you understand that we are and shall be under no obligation (1) to pay compensation for any Submission; or (2) to respond to any Submission. If your Submission is selected for the Program and you appear on the Program, you would be compensated solely as later agreed upon between you and Picrow and reduced to writing signed by all Parties.
Choice of Law
These Submission Terms and all matters arising out of or relating to these Submission Terms shall be governed by, construed, interpreted, and enforced in accordance with the substantive and procedural laws of the State of California, without regard to conflict of law principles. The courts of Los Angeles County, California shall have jurisdiction over the parties in any action of law relating to these Submission Terms.
Arbitration/Class Action Waiver/Dispute Resolution Choice of Law
Any legal dispute between you and Picrow concerning or arising out of the Site, shall be resolved through binding individual arbitration. However, either you or Picrow may bring any individual claim in small claims court consistent with the jurisdictional and dollar limits that may apply, as long as it is brought and maintained as an individual claim.
How Arbitration Works. Any legal dispute between you and Picrow concerning or arising out of this Site will be resolved solely by binding arbitration before a sole arbitrator under the streamlined Arbitration Rules Procedures of JAMS Inc. (“JAMS”) or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a “Demand for Arbitration”, then either party can elect to have the arbitration administered by another mutually agreeable arbitration administration service who will hear the case. Unless you and Picrow agree otherwise, any arbitration hearing shall take place in the county of your residence. If you live outside the United States, any arbitration will take place in Los Angeles County, California. We encourage you to call in advance of filing a claim for arbitration to see if the dispute can be settled prior to arbitration.
Waiver of Right to Bring Class Action and Representative Claims. With respect to any legal dispute between you and Picrow concerning or arising out of this Site, all arbitrations shall proceed on an individual basis. The arbitrator is empowered to resolve the dispute with the same remedies available in court, however, any relief must be individualized to you and shall not affect any other customer. You and Picrow also agree that each may bring claims against the other in arbitration only in your or their respective individual capacities and in so doing you and Picrow hereby waive the right to a trial by jury, to assert or participate in a class action lawsuit or class action arbitration, to assert or participate in a private attorney general lawsuit or private attorney general arbitration, and to assert or participate in any joint or consolidated lawsuit or joint or consolidated arbitration of any kind. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular cause of action, then that cause of action (and only that cause of action) must remain in court and be severed from any arbitration.
Arbitration Costs. With respect to arbitration of any legal dispute between you and Picrow concerning or arising out of this Site, Picrow will pay all filing, administrative, arbitrator and hearing costs and waives any rights it may have to recover an award of attorneys’ fees and expenses against you.
You and Picrow agree that, in the event that there are fifty (50) or more individual requests for arbitration of a similar nature filed against Picrow within an approximately thirty-day period (or otherwise in close proximity), JAMS will administer all such similarly situated arbitration demands on a collective basis as a single, consolidated arbitration (subject to a single set of fees, proceeding schedule, and, if required, hearing) before a single arbitrator in accordance with the requirements outlined elsewhere in this section, provided that – in the event that the arbitrator deems it impracticable or inequitable to administer all such claims collectively in a single arbitration – (s)he may group demands for arbitration into groups of not fewer than twenty (20) matters, plus a remainder group as needed (or as otherwise deemed by the arbitrator to be practicable, equitable, and in best keeping with the spirit of this provision) and arbitrate each group of matters as a single, consolidated arbitration (either structure a “Batch Arbitration”). You and Picrow agree (1) to work with JAMS in good faith to facilitate the resolution of disputes on a Batch Arbitration basis and (2) that requests for arbitration are of a “similar nature” if they arise out of the same event, agreement, or factual scenario and raise the same or similar legal issues and seek the same or similar relief. Disagreements over the applicability of this Batch Arbitration process will be settled in a single, consolidated arbitration proceeding that includes all affected parties and is resolved by a single arbitrator subject to the requirements of this section. This Batch Arbitration provision shall in no way be interpreted as authorizing a class or collective arbitration or action of any kind, or any suit or arbitration involving joint or consolidated claims, under any circumstances other than those expressly set forth in this section.
Other Terms & Information. This Arbitration Agreement concerning any legal dispute between you and Picrow concerning or arising out of this Site shall be governed by, and interpreted, construed, and enforced in accordance with, the Federal Arbitration Act and other applicable federal law. To the extent state law applies to any aspect of these Terms, or to any disputes and claims that are covered by the Arbitration Agreement, the law of the State of California will govern. Except as set forth above, if any portion of this Arbitration Agreement is deemed invalid or unenforceable, it will not invalidate the remaining portions of the Arbitration Agreement.
If you have any questions about these Submission Terms, please contact us. email@example.com; Picrow Streaming Inc., 736 Seward St., Hollywood, CA 90038.