Thrash-Lab is going viral, and wants to showcase YOUR original videos on their premiere YouTube channel for maximum exposure. If you have “Never Before Seen Footage/Original Content” that you’re ready to show the world, they would love to hear from you! They plan on featuring the TOP 350 videos on the site and the best 3 will be rewarded a prize!
First place will be awarded $15,000, second $10,000, and third will receive $7,500 at producer’s discretion. Please read rules for details.
Entries submitted MUST be one of the following categories:
- Special Effects, Visual Effects, After Effects: Any project that has compelling film/video effects should be submitted here. Any genre is eligible.
- Light Painting: Any video/series of stills which incorporate light painting should be submitted in this category. While some videos may overlap to multiple categories, anything featuring light painting should be submitted here.
- Video Art/3D: Any and all installations or artful clips should be submitted here (Artsy compilations, video mosaics, etc… are welcome).
- Graphic Art Videos: Any and all videos featuring graphic art should be submitted here. All genres are eligible.
- Gaming Videos: Any art created involving the video gaming genre should be submitted here.
- High-end Animation: Any and all videos featuring animation created through high-end software should be submitted here.
- Stop Motion: Any video featuring the use of stop-motion animation in at least a portion of the video should be submitted here.
- Time Lapse: Any genre that incorporates the use of time lapsed video or film should be submitted here. All genres are eligible.
-Magic Tricks: Magic tricks and instructional videos regarding magic should be submitted. Anything magic-related including illusions, tutorials, etc… are welcome.
GREEN IS THE NEW BLACK, Inc.
Ultimate Video Search Promotion Official Rules
1. Sponsor. Sponsor of this promotion is Green is the New Black, Inc., c/o 5900 Wilshire Blvd, Ste 2950, Los Angeles, CA 90036.
2. No Purchase Necessary; Entry Instructions. NO PURCHASE OR PAYMENT OF ANY MONEY IS NECESSARY TO ENTER. A PURCHASE WILL NOT IMPROVE THE CHANCES OF WINNING.
To enter the promotion, during the Promotion Period (as defined below) you must (i) send an email to email@example.com providing the name of your entry, your name and full contact information, and the location where you have submitted your entry and (ii) submit your entry via Dropbox (https://www.dropbox.com/) or YouSendIt (https://www.yousendit.com/) for one of the categories listed below. For Dropbox please drop your footage in the "Public Folder." DO NOT POST ENTRY ONLINE OR SEND SPONSOR A LINK. All requested entry information must be provided. One entry per individual, and no more than one person may work on an entry. Multiple participants are not permitted to share the same email address. Any attempt by any participant to obtain more than the stated number of entries by using multiple/different email or addresses, accounts, identities, or any other methods will void that participant's entries and that participant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. In the event of a dispute as to any entrant, the authorized account holder of the email address associated with the entry will be deemed to be the entrant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Each potential winner may be required to show proof of being the authorized account holder. In the event of an ongoing dispute as to any entrant, Sponsor has the right to make determination as to entrant in its sole discretion.
All entries must meet the following criteria:
* All entries must be submitted for one of the following categories:
- Special Effects, Visual Effects, After Effects
- Light Painting
- Video Art/3D
- Graphic Art Videos
- Gaming Videos
- High-end Animation
- Stop Motion
- Time Lapse
* Entries must be original, exclusively created and owned by entrant, and the entrant must have all rights necessary to post the video and submit the entry.
*Entries must not previously have been publicly available.
*Entries may not contain images of any individuals who are under 18 years of age or who have not provided their authorization. By submitting an image of any individual under the age of majority in their jurisdiction of residence, you represent that you have received permission from such minor’s parent or legal guardian to include such minor’s image.
*Entries may not contain material that is obscene, defamatory, libelous, threatening, pornographic, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, or violate any law. Entries must be appropriate for viewing by the general public; appropriateness will be determined by Sponsor.
*Submitted entries and entrants’ actions via YouTube, must be in compliance with YouTube Terms of Service (http://www.youtube.com/static?gl=US&template=terms) and Community Guidelines (http://www.youtube.com/t/community_guidelines) and entries that do not comply will be disqualified.
*Sponsor reserves the right to reject any entry for any reason.
3. Promotion Period. This promotion begins at 9:00 am PT on June 10, 2013 and ends at 5:00 pm PT on July 15th August 15th (NOW EXTENDED TO SEPTEMBER 15TH) (the “Promotion Period”). Sponsor’s computer is the official time-keeping device for the promotion. All entries must be received during the dates and times specified in the Promotion Period. This is a contest of skill. Odds of winning the promotion depend on the number and quality of eligible entries received during the Promotion Period.
4. Eligibility. In order to be eligible, participants must be (i) at least the age of majority in their jurisdiction of residence; and (ii) a legal resident of the 50 United States, including Washington, D.C. Employees of Sponsor and its parent and affiliate companies as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible.
5. Prize. The aggregate retail value of the prize(s) is approximately $15,000.00 for first prize, $10,000.00 for second prize and $7,500.00 for third place. No substitution, assignment or transfer of the prize is permitted, except by Sponsor, who has the right to substitute a prize with another of comparable or greater value. Winner is responsible for all taxes and fees associated with the receipt and/or use of the prize.
6. Winner(s). There will be 3 winner(s) selected. The overall “best” three entries will be selected as winners. Winner(s) of the promotion will be determined based on the following equally weighted criteria: creativity; technical qualities; display of talent; demonstration of future potential. Because this is a contest of skill, winning the promotion is dependent on the quality and number of submissions received.
7.Conditions of Participation. By submitting an entry for this promotion, you agree to abide by these rules and any decision Sponsor makes regarding this promotion, which Sponsor shall make in its sole discretion. Sponsor reserves the right to disqualify and prosecute to the fullest extent permitted by law any participant or winner who, in Sponsor’s reasonable suspicion, tampers with Sponsor site, the entry process, intentionally submits more than a single entry, violates these rules, or acts in an unsportsmanlike or disruptive manner.
8. Intellectual Property. Ownership of the pre-existing underlying intellectual property of the entrant remains the property of the entrant subject to Sponsor’s rights set forth in the Content License Agreement entered into between the Sponsor and the entrant and Sponsor’s rights to reprint, display, reproduce, perform, use, and exhibit the entry and materials and information submitted, for the purpose of administering and promoting the promotion and for business, marketing and advertising purposes for the benefit of Sponsor. By participating in the promotion, each entrant grants to Sponsor a non-exclusive, worldwide, fully paid, royalty-free, perpetual, irrevocable, transferable license to reprint, display, reproduce, perform, use, and exhibit (including the right to make derivative works of) the entry and materials and information submitted on and in connection with the promotion or use or receipt of the prize for any and all purposes in any medium. Each participating entrant hereby warrants that any entry and other materials and information provided by entrant are original with entrant and do not violate or infringe upon the copyrights, trademarks, rights of privacy, publicity, moral rights or other intellectual property or other rights of any person or entity, and do not violate any rules or regulations. If the entry or information or materials provided by entrant contain any material or elements that are not owned by entrant and/or which are subject to the rights of third parties, entrant represents he or she has obtained, prior to submission of the entry and information or materials, any and all releases and consents necessary to permit use and exploitation of the entry and information and materials by Sponsor in the manner set forth in the Official Rules without additional compensation. Each entrant warrants that the entry and materials and information provided do not contain information considered by entrant, its employees or personnel, or any other third party to be confidential. Entrant agrees that Sponsor has the right to verify the ownership and originality of all entries. Entrant must submit with its entry a written copy of any release or permission entrant has received from a third party granting entrant the right to use such property. Entrant understands and acknowledges that in the event a submission is selected as a winning entry, and entrant’s ownership, rights and the originality of the entry cannot be verified to the satisfaction of Sponsor or is in any other way ineligible, Sponsor may select an alternate winner based on the same judging criteria.
9. Disclaimer, Release and Limit of Liability. SPONSOR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING ANY PRIZE OR YOUR PARTICIPATION IN THE PROMOTION. BY ENTERING THE PROMOTION OR RECEIPT OF ANY PRIZE, EACH ENTRANT AGREES TO RELEASE AND HOLD HARMLESS SPONSOR, KATALYST MEDIA, INC., YOUTUBE AND THEIR SUBSIDIARIES, AFFILIATES, SUPPLIERS, DISTRIBUTORS, ADVERTISING/PROMOTION AGENCIES, AND PRIZE SUPPLIERS, AND EACH OF THEIR RESPECTIVE PARENT COMPANIES AND EACH SUCH COMPANY’S OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS (COLLECTIVELY, THE “RELEASED PARTIES”) FROM AND AGAINST ANY CLAIM OR CAUSE OF ACTION, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, DEATH, OR DAMAGE TO OR LOSS OF PROPERTY, ARISING OUT OF PARTICIPATION IN THE PROMOTION OR RECEIPT OR USE OR MISUSE OF ANY PRIZE. THE RELEASED PARTIES ARE NOT RESPONSIBLE FOR: (1) ANY INCORRECT OR INACCURATE INFORMATION, WHETHER CAUSED BY ENTRANTS, PRINTING ERRORS OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE PROMOTION; (2) TECHNICAL FAILURES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO MALFUNCTIONS, INTERRUPTIONS, OR DISCONNECTIONS IN PHONE LINES OR NETWORK HARDWARE OR SOFTWARE; (3) UNAUTHORIZED HUMAN INTERVENTION IN ANY PART OF THE ENTRY PROCESS OR THE PROMOTION; (4) TECHNICAL OR HUMAN ERROR WHICH MAY OCCUR IN THE ADMINISTRATION OF THE PROMOTION OR THE PROCESSING OF ENTRIES; OR (5) ANY INJURY OR DAMAGE TO PERSONS OR PROPERTY WHICH MAY BE CAUSED, DIRECTLY OR INDIRECTLY, IN WHOLE OR IN PART, FROM ENTRANT’S PARTICIPATION IN THE PROMOTION OR RECEIPT OR USE OR MISUSE OF ANY PRIZE.
If for any reason an entrant's entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the promotion, provided that if it is not possible to award another entry due to discontinuance of the promotion, or any part of it, for any reason, Sponsor, at its discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. No more than the stated number of prizes will be awarded. In event that production, technical, programming or any other reasons cause more than stated number of prizes as set forth in these Official Rules to be available and/or claimed Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, unawarded, eligible prize claims.
11. Governing Law and Disputes. THESE OFFICIAL RULES AND THE PROMOTION ARE GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF CALIFORNIA, AND THE FORUM AND VENUE FOR ANY DISPUTE ARISING OUT OF OR RELATING TO THESE OFFICIAL RULES SHALL BE IN THE COUNTY OF LOS ANGELES, CALIFORNIA. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY JUDICIAL ARBITRATION AND MEDIATION SERVICES, INC., IN ACCORDANCE WITH ITS STREAMLINED ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (“JAMS RULES”). THE JAMS RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN CALIFORNIA. ANY SUCH CONTROVERSY OR CLAIM WILL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND WILL NOT BE CONSOLIDATED IN ANY ARBITRATION WITH ANY CLAIM OR CONTROVERSY OF ANY OTHER PARTY. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN THE COUNTY OF LOS ANGELES, CALIFORNIA. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING ATTORNEY’S FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF.
12. Winners List. Individuals may request the name of winner(s) by submitting a self-addressed stamped envelope prior to 3 months from the End Date to Green is the New Black, Inc., Ultimate Video Search Promotion Winner’s List Request, c/o 5900 Wilshire Blvd, Ste 2950, Los Angeles, CA 90036. Vermont residents may omit postage.
13. No Affiliation with YouTube. YouTube is not a sponsor of, or in any way affiliated with, this promotion.
GREEN IS THE NEW BLACK, Inc.
Ultimate Video Search Promotion Official Rules
The following document has been prepared to assist you in the creation of your film. This is merely intended to be educational and is not intended as legal advice, and Green is the New Black, Inc. specifically disclaims the provision of any legal advice. You should consult with an attorney whenever a question arises as to whether the use of specific material is permitted in your film.
Obtain all of the following written releases or written agreement that contributions are part of a Work-Made-For-Hire under the Copyright Laws of the United States:
•General Release: Obtain releases from all non-actors and behind-the-scenes crew (videographers, audio engineers, editors, etc.) to ensure that you own or are assigned all rights that anyone else may have in the film you create, including moral rights.
•Talent Release: Obtain signatures from all actors/individuals appearing in the film to ensure you own or are assigned all rights. Include all necessary rights, such as the use of a person’s name, voice, image, and likeness, and a waiver of ownership of the resulting film and any other rights, including moral rights.
•Minor Release: Obtain signatures from a parent or guardian for any person involved who is under the age of majority (typically anyone under the age of 18).
•Location Release: Obtain signatures from the owners of your shooting locations and film permits from the city (as applicable).
•Materials Release: Obtain a license or consent to use any pre-existing intellectual property that will be appearing in your video, including, but not limited to, photographs, artwork (including background posters), sculptures, trademarks (including on shirts, hats, shoes, bottles, food packaging, etc.) or exclude or blur such materials from the film. Note that if the subject of a film is displaying their own works in your film, you still need to get releases from them for the materials they contribute.
•Scope of Grant: Be sure to obtain the rights for the uses intended, such as the right to reproduce, distribute, publicly perform, public display, and create derivative works, in any and all media, whether now known or hereafter created, in perpetuity.
Defame, slander or otherwise disparage any person, corporation or brand.
Display the following without blurring out or obtaining licenses:
•Logos and brand names (including on clothing, hats, shoes, bottles, food packaging, and other products);
•When in doubt with respect to a name or logo, turn the name or logo away from the camera or cover it up (e.g., that is why logos on laptop computers are frequently covered with stickers on TV shows);
•Advertisements on billboards, taxis, etc.;
•Signs on buildings, including the names of stores and restaurants;
•Clips from movies, television shows, and video games; or
• Any other object displaying a trademark (e.g., talent’s sneakers, sweatshirt baseball hat).
• Use any real names (absent the real person being the subject of the film), telephone numbers, addresses or license plates (real license plates need to be blurred).
Special Rules for Music: Don’t include unless you know that this was composed/created just for your video from someone you know and they signed a composer agreement. Works with “unlicensed music” included will not be considered!
Most of you will not be able to get all of the required licenses (which are detailed below) which is why you shouldn’t go there and we will not post videos with unlicensed musical tracks!
There are often two copyrights to each piece of recorded music, one in the underlying musical work (aka the “composition”) (i.e., the notes and lyrics) and the other in the sound recording (aka the “master”) (i.e., what you hear the singer sing). To use any music (even background) in a film, you must obtain:
•A synchronization license from the copyright owner of the underlying composition (typically one or more music publishers) if the composition is still subject to copyright protection (e.g., the works of Mozart are in the public domain and do not require a license – However, the pre-existing recording of a work of Mozart is subject to copyright protection – example - the symphony that performed the work owns that recording). As compositions often have multiple copyright owners, you need to secure licenses from each co-owner of a composition;
•A master use license from the copyright owner of the master (typically a record label) if you are using pre-recorded music in the film;
•Potentially public performance licenses for the right to transmit or perform the film online or through other distribution channels (excluding movie theaters). If you can secure public performance licenses at the time you secure a synchronization (or “sync”) license, you may be able to facilitate greater distribution of your film.
•If you are recording someone performing music live, you will need a sync license for the right to record and possibly synchronize the composition in your film and, if the performer is signed to an exclusive recording agreement with a record label, then you will need the permission of the record label to record the performer even if you are not making use of a preexisting sound recording.
Following are links to companies that can provide materials for use in films. Note that these are not recommendations of any particular company and you should conduct your own diligence to make sure that the materials you may obtain for use in your film are licensed appropriately for your intended purposes.
•Stock prop items, logos, and signs: www.theearlhayspress.com
•Stock images: www.gettyimages.com
•Music: www.rumblefish.com, www.apmmusic.com, www.cinephonix.com, www.beatpick.com, and www.musync.com.
Thank you for entering the “ULTIMATE VIDEO SEARCH” Contest.
Please submit your 3-5 minute “ORIGINAL/NEVER BEFORE SEEN” footage, via Dropbox, YouSendIt, or any other file sharing outlets.
NOTE**** DO NOT POST PUBLICLY ONLINE OR SEND US A PUBLIC LINK!
Submission check list:
1. Once your video is ready to be submitted, Place the completed scans of all required paperwork,
video link, or video file, into an email labeled with your name and date of submission.
(example: John_Smith_06_10_2013). Please send email to: firstname.lastname@example.org.
PLEASE NOTE***Email subject line should be the name of the entrant, and date of submission
2. Attach/Submit video file with correct specs (Please see below)
3. Attach the Content license agreement : Ultimate Video Search Participant Content License.pdf
must be signed and submitted with video
4. Attach all required releases needed for your video. Please see sample release page.
SENDING A ZIP FILE
Compress the folder into a Zip file. Zip file should be labeled with your name and date of submission (example: JohnDoe_2013-05-01.zip). Place the completed video and scans of all required paperwork into a folder labeled with your name and date of submission (example: John_Smith_06_10_2013).
Upload the Zip file to (website URL to be determined).
Please email email@example.com if you have any questions concerning the submission process.
Place the completed video and scans of all required paperwork into a folder labeled with your name and date of submission (example: John_Smith_06_10_2013).
DROP BOX INSTRUCTIONS -
The Public Folder lets you easily share single files in your Dropbox. Any file you put in this folder gets its own Internet link so that you can share it with others-- even non-Dropbox users! These links work even if your computer’s turned off.
Step 1: Drop a file into the Public folder.
Step 2: Right-click/control-click this file, then choose Dropbox > Copy Public Link. This copies the Internet link to your file so that you can paste it somewhere else.
That's it! You can now share this file with others: just paste the link into e-mails, instant message conversations, blogs, etc.! If you'd like more help with sharing files, head here: http://www.dropbox.com/help/16
YOUSENDIT INSTRUCTIONS -
Step 1: Log In / Sign In (FOR FREE)
Step 2: Click on "Send" in the menu
Step 3: Upload your file and send to "UltimateVideoSearch@gmail.com" , Subject - [VIDEO NAME] / [YOUR NAME] , and description of your files in the message box.
Step 4: Click on the "Free Option" at the bottom of the page.
Step 5: Then press "SEND IT"
Video Dimensions: 1920 x 1080
Video Compression Type:H.264
Video Compressor Depth:Millions of Colors
Video Compressor Quality:Best
Video Encoding: Best Quality (Multi-Pass)
Video Data Rate: Automatic
Video Key Frames:Automatic
Audio Format: AAC
Audio Channels: Stereo (L R)
Audio Sample Rate: 48,000 Hz
Audio Sample Size:16-bit
Audio Render Quality: Normal
Audio Encoder Settings: Target Bit Rate: 128 kbps
Frames Per Second:23.98 or 29.97
Please email firstname.lastname@example.org if you have any questions concerning the submission process.
Thank you for submitting. After your submission has been reviewed you will be informed if it has been approved for posting or rejected and what steps will need to be taken to re-submit.
(Last updated August 15 2013)
This Policy describes the information that we gather from you on the Service, how we use and disclose such information, and the steps we take to protect such information. By using the Service, you consent to the privacy practices described in this Policy.
The information we collect on the Service:
•User-provided Information. When you use the Service, you may provide and we may collect what is generally called “personally identifiable” information, or “personal information,” which is information that specifically identifies an individual. Examples of personal information include name, email address, mailing address, mobile phone number, and credit card or other billing information. Personal information also includes other information, such as date of birth, geographic area, or preferences, when any such information is linked to information that identifies a specific individual. You may provide us with personal information in various ways on the Service. For example, you provide us with personal information when you use the Service, send us email, submit User Content, interact with other users of the Service through communication or messaging features, or send us customer service-related requests.
•“Cookies" Information. When you use the Service, we may send one or more cookies – small text files containing a string of alphanumeric characters – to your device. We may use both session cookies and persistent cookies. A session cookie disappears after you close your browser. A persistent cookie remains after you close your browser and may be used by your browser on subsequent visits to the Service. Please review your web browser “Help” file to learn the proper way to modify your cookie settings. Please note that if you delete, or choose not to accept, cookies from the Service, you may not be able to utilize the features of the Service to their fullest potential.
•“Automatically Collected" Information. When you use the Service, we may automatically record certain information from your device by using various types of technology, including “clear gifs” or “web beacons.” This “automatically collected” information may include your IP address or other device address or ID, web browser and/or device type, the web pages or sites that you visit just before or just after you use the Service, the pages or other content you view or otherwise interact with on the Service, and the dates and times that you visit, access, or use the Service. We also may use these technologies to collect information regarding your interaction with email messages, such as whether you opened, clicked on, or forwarded a message. This information is gathered from all users.
•Third Party Web Beacons and Third Party Buttons. We may also implement third-party content or advertising on the Service that may use clear gifs or other forms of web beacons, which allow the third-party content provider to read and write cookies to your browser in connection with your viewing of the third party content on the Service. Additionally, we may implement third party buttons (such as Facebook “like” or “share” buttons) that may allow third parties to collect information about you through such third parties’ browser cookies, even when you do not interact with the button. Information collected through web beacons and buttons is collected directly by these third parties, and we do not participate in that data transmission. Information collected by a third party in this manner is subject to that third party’s own data collection, use, and disclosure policies.
•Information from Other Sources. We may obtain information, including personal information, from third parties and sources other than the Service, such as our partners, advertisers, and Integrated Services. If we combine or associate information from other sources with personal information that we collect through the Service, we will treat the combined information as personal information in accordance with this Policy.
How we use the information we collect. We use information we collect on the Service in a variety of ways in providing the Service and operating our business, including the following:
•We use the information that we collect on the Service to operate, maintain, enhance and provide all features of the Service, including the Ultimate Video Search promotion, to provide services and information that you request, to respond to comments and questions and otherwise to provide support to users, and to process and deliver entries and rewards in connection with promotions that may be offered from time to time on the Service.
•We use the information that we collect on the Service to understand and analyze the usage trends and preferences of our users, to improve the Service, and to develop new products, services, feature, and functionality.
•We may use your email address or other information we collect on the Service (i) to contact you for administrative purposes such as customer service, to address intellectual property infringement, privacy violations or defamation issues related to your User Content posted on the Service or (ii) to send communications, including updates on promotions and events, relating to products and services offered by us and by third parties we work with. Generally, you have the ability to opt-out of receiving any promotional communications as described below under “Your Choices.”
•We may use “cookies” information and “automatically collected” information we collect on the Service to: (i) personalize our services, such as remembering your information so that you will not have to re-enter it during your visit or the next time you visit the Service; (ii) provide customized advertisements, content, and information; (iii) monitor and analyze the effectiveness of Service and third-party marketing activities; (iv) monitor aggregate site usage metrics such as total number of visitors and pages viewed; and (v) track your entries, submissions, and status in any promotions or other activities on the Service.
•We also may use your information as may be described in a notice to you at the time the information is collected, or in any other manner to which you consent.
When we disclose information. Except as described in this Policy, we will not disclose your information that we collect on the Service to third parties without your consent. We may disclose information to third parties in the following circumstances:
•Any information, including User Content that you voluntarily choose to submit in connection with your entry to the Ultimate Video Search promotion will be shared with our third party service providers to administer the promotion. Additionally, if your Entry is selected, the applicable User Content will be made publicly available and your name and likeness (if submitted), may be associated with the publication, distribution and promotion of such Entry, in accordance with the Green is the New Black, Inc. Content License Agreement.
•Any information that you voluntarily choose to include in a publicly accessible area of the Service, such as a public profile page, will be available to anyone who has access to that content, including other users.
•We work with third party service providers to provide website or application development, hosting, maintenance, data storage and transfer and other services for us and to administer the promotions that we may offer from time to time. These third parties may have access to or process your information as part of providing those services for us. Generally, we limit the information provided to these service providers to that which is reasonably necessary for them to perform their functions, and we require them to agree to maintain the confidentiality of such information.
•We may make certain automatically-collected, aggregated, or otherwise non-personally-identifiable information available to third parties for various purposes, including (i) compliance with various reporting obligations; (ii) for business or marketing purposes; or (iii) to assist such parties in understanding our users’ interests, habits, and usage patterns for certain programs, content, services, advertisements, promotions, and/or functionality available through the Service.
•We may disclose your information if required to do so by law or in the good-faith belief that such action is necessary to comply with state and federal laws (such as U.S. copyright law), in response to a court order, judicial or other government subpoena or warrant, or to otherwise cooperate with law enforcement or other governmental agencies.
•We also reserve the right to disclose your information that we believe, in good faith, is appropriate or necessary to (i) take precautions against liability, (ii) protect ourselves or others from fraudulent, abusive, or unlawful uses or activity, (iii) investigate and defend ourselves against any third-party claims or allegations, (iv) protect the security or integrity of the Service and any facilities or equipment used to make the Service available, or (v) protect our property or other legal rights (including, but not limited to, enforcement of our agreements), or the rights, property, or safety of others.
•Information about our users, including personal information, may be disclosed and otherwise transferred to an acquirer, or successor or assignee as part of any merger, acquisition, debt financing, sale of assets, or similar transaction, as well as in the event of an insolvency, bankruptcy, or receivership in which information is transferred to one or more third parties as one of our business assets.
•We also may disclose your information as may be described in a notice to you at the time the information is collected, or in any other manner to which you consent.
You may, of course, decline to share certain personal information with us, in which case we may not be able to provide to you some of the features and functionality of the Service and we may not be able to accept your Entry to the Ultimate Video Search promotion. If you wish to access or amend any personal information we hold about you, or to request that we delete any information about you that we have obtained from an Integrated Service, you may contact us at privacyGITNB@gmail.com. Please note that while any changes you make will be reflected in active user databases instantly or within a reasonable period of time, we may retain all information you submit for backups, archiving, prevention of fraud and abuse, analytics, satisfaction of legal obligations, or where we otherwise reasonably believe that we have a legitimate reason to do so.
If you receive commercial email from us, you may unsubscribe at any time by following the instructions contained within the email. You may also opt-out from receiving commercial email from us, and any other promotional communications that we may send to you from time to time, by sending your request to us by email at privacyGITNB@gmail.com or by writing to us at the address given at the end of this policy. We may allow you to view and modify settings relating to the nature and frequency of promotional communications that you receive from us in user account functionality on the Service.
Please be aware that if you opt-out of receiving commercial email from us or otherwise modify the nature or frequency of promotional communications you receive from us, it may take up to ten business days for us to process your request, and you may receive promotional communications from us that you have opted-out from during that period. Additionally, even after you opt-out from receiving commercial messages from us, you will continue to receive administrative messages from us regarding the Service.
The Service may contain features or links to Web sites and services provided by third parties. Any information you provide on third-party sites or services is provided directly to the operators of such services and is subject to those operators’ policies, if any, governing privacy and security, even if accessed through the Service. We are not responsible for the content or privacy and security practices and policies of third-party sites or services to which links or access are provided through the Service. We encourage you to learn about third parties’ privacy and security policies before providing them with information.
Protecting the privacy of young children is especially important. Our Service is not directed to children under the age of 18, and we do not knowingly collect personal information from children under the age of 18 without obtaining parental consent. If you are under 18 years of age, then please do not use or access the Service at any time or in any manner. If we learn that personally identifiable information has been collected on the Service from persons under 18 years of age and without verifiable parental consent, then we will take the appropriate steps to delete this information. If you are a parent or guardian and discover that your child under 18 years of age has obtained an account on the Service, then you may alert us at privacyGITNB@gmail.com and request that we delete that child’s personally identifiable information from our systems.
We use certain physical, managerial, and technical safeguards that are designed to improve the integrity and security of your personally identifiable information. We cannot, however, ensure or warrant the security of any information you transmit to us or store on the Service, and you do so at your own risk. We also cannot guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.
If we learn of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. We may post a notice through the Service if a security breach occurs. Depending on where you live, you may have a legal right to receive notice of a security breach in writing. To receive a free written notice of a security breach you should notify us at privacyGITNB@gmail.com.
Although we may allow you to adjust your privacy settings to limit access to certain personal information, please be aware that no security measures are perfect or impenetrable. We are not responsible for circumvention of any privacy settings or security measures on the Service. Additionally, we cannot control the actions of other users with whom you may choose to share your information. Further, even after information posted on the Service is removed, caching and archiving services may have saved that information, and other users or third parties may have copied or stored the information available on the Service. We cannot and do not guarantee that information you post on or transmit to the Service will not be viewed by unauthorized persons.
The Service is hosted in the United States and is intended for visitors located within the United States. If you choose to use the Service from the European Union or other regions of the world with laws governing data collection and use that may differ from U.S. law, then please note that you are transferring your personal information outside of those regions to the United States for storage and processing. Also, we may transfer your data from the U.S. to other countries or regions in connection with storage and processing of data, fulfilling your requests, and operating the Service. By providing any information, including personal information, on or to the Service, you consent to such transfer, storage, and processing.
Changes and Updates to this Policy
Please revisit this page periodically to stay aware of any changes to this Policy, which we may update from time to time. If we modify the Policy, we will make it available through the Service, and indicate the date of the latest revision. In the event that the modifications materially alter your rights or obligations hereunder, we will make reasonable efforts to notify you of the change. For example, we may send a message to your email address, if we have one on file, or generate a pop-up or similar notification when you access the Service for the first time after such material changes are made. Your continued use of the Service after the revised Policy has become effective indicates that you have read, understood and agreed to the current version of the Policy.
Our Contact Information
Please contact us with any questions or comments about this Policy, your personal information, our use and disclosure practices, or your consent choices by email at privacyGITNB@gmail.com.
Green is the New Black, Inc.
c/o 5900 Wilshire Blvd, Ste 2950
Los Angeles, CA 90036
These Terms provide that all disputes between you and Green is the New Black will be resolved by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS UNDER THIS CONTRACT (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT A JUDGE OR JURY and your claims cannot be brought as a class action. Please review Section 14, below for the details regarding your agreement to arbitrate any disputes with Green is the New Black.
1.Eligibility. You must be at least eighteen (18) years of age to use the Service. By agreeing to these Terms, you represent and warrant to us: (i) that you are at least eighteen (18) years of age; (ii) that you have not previously been suspended or removed from the Service; and (iii) that your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are using the Service on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind such organization to these Terms and you agree to be bound by these Terms on behalf of such organization.
2.1User Content Generally. Certain features of the Service may permit users to submit content, including messages, photos, video, images, folders, data, text, and other types of works (collectively, “User Content”). You retain copyright and any other proprietary rights that you may hold in the User Content that you post to the Service.
2.2Limited License Grant to Green is the New Black. By submitting User Content, you grant Green is the New Black a worldwide, non-exclusive, royalty-free right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify, and distribute your User Content, in whole or in part, in any media formats and through any media channels (now known or hereafter developed). Any such use of your User Content by Green is the New Black may be without any compensation paid to you. If User Content is submitted in connection with the Ultimate Video Search promotion (an “Entry”), such entry will only be considered for acceptance by Green is the New Black upon execution by the parties hereto of the Ultimate Video Search Content License Agreement and Green is the New Black’s exploitation of such Entry will be governed by such Ultimate Video Search Content License Agreement.
2.3User Content Representations and Warranties. You are solely responsible for your User Content and the consequences of submitting User Content. By submitting User Content, you affirm, represent, and warrant that:
•you are the creator and owner of, or have the necessary licenses, rights, consents, and permissions to use and to authorize Green is the New Black and its third party service providers to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section 2 and in the manner contemplated by Green is the New Black and these Terms; and
•your User Content, and the use thereof as contemplated herein, does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; or (ii) slander, defame, or libel any third-party.
2.4User Content Disclaimer. We are under no obligation to edit or control User Content that you or other users submit or publish, and will not be in any way responsible or liable for User Content. Green is the New Black may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable. You understand that when using the Service you may be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent or objectionable. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Green is the New Black with respect to User Content. We expressly disclaim any and all liability in connection with User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, Green is the New Black does not permit copyright-infringing activities on the Service.
3.Prohibited Conduct. BY USING THE SERVICE YOU AGREE NOT TO:
3.1use the Service for any illegal purpose, or in violation of any local, state, national, or international law;
3.2submit any User Content or other content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate;
3.3interfere with the operation of the Service or any user’s enjoyment of the Service, including without limitation by (i) uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code, (or (ii) interfering with or disrupting any networks, equipment, or servers connected to or used to provide the Service, or violating the regulations, policies, or procedures of such networks, equipment, or servers;
3.4perform any fraudulent activity including impersonating any person or entity, claiming false affiliations, accessing the Service accounts of others without permission, or falsifying your age or date of birth;
3.5attempt to do any of the foregoing in this Section 3, or assist or permit any persons in engaging or attempting to engage in any of the activities described in this Section 3.
4.Third-Party Services and Linked Websites.Green is the New Black may provide tools through the Service that enable you to export information, including User Content, to third party services. By using these tools, you agree that we may transfer such information to the applicable third-party service. Such third party services are not under our control, and we are not responsible for their use of your exported information. The Service may also contain links to third-party websites. Such linked websites are not under our control, and we are not responsible for their content.
5.Termination of Use; Discontinuation and Modification of the Service. If you violate any provision of these Terms, your permission to use the Service will terminate automatically. We also reserve the right to modify or discontinue the Service at any time (including, without limitation, by limiting or discontinuing certain features of the Service) without notice to you. We will have no liability whatsoever on account of any change to the Service or any suspension or termination of the Service.
7.Changes to the Terms. We reserve the right, at our discretion, to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. In the event that a change to these Terms materially modifies your rights or obligations, we will make reasonable efforts to notify you of such change. We may provide notice through a pop-up or banner within the Service, or through other mechanisms. Additionally, if the changed Terms materially modify your rights or obligations, we may require you to provide consent by accepting the changed Terms. If we require your acceptance of the changed Terms, changes are effective only after your acceptance. If you do not accept the changed Terms, we may terminate your access to and use of the Service. All other changes are effective upon publication of the changed Terms. Disputes arising under these Terms will be resolved in accordance with the Terms in effect that the time the dispute arose.
8.Ownership; Proprietary Rights. As between you and Green is the New Black, the Service is owned and operated by Green is the New Black. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service (the “Materials”) provided by Green is the New Black are protected by all relevant intellectual property and proprietary rights and applicable laws. All Materials contained in the Service are the property of Green is the New Black or our third-party licensors. Except as expressly authorized by Green is the New Black, you may not make use of the Materials. Green is the New Black reserves all rights to the Materials not granted expressly in these Terms.
9.Indemnity. You agree that you will be responsible for your use of the Service, and you agree to defend, indemnify, and hold harmless Green is the New Black and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (collectively, the "Green is the New Black Entities") from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with (i) your access to, use of, or alleged use of the Service; (ii) your violation of these Terms or any representation, warranty, or agreements referenced herein, or any applicable law or regulation; (iii) your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any disputes or issues between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (and without limiting your indemnification obligations with respect to such matter), and in such case, you agree to cooperate with our defense of such claim.
10.Disclaimers; No Warranties
THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE GREEN IS THE NEW BLACK ENTITIES SPECIFICALLY (BUT WITHOUT LIMITATION) DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING BUT NOT LIMITED TO (i) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (ii) ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. THE GREEN IS THE NEW BLACK ENTITIES DO NOT WARRANT THAT THE SERVICE OR ANY PART THEREOF, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR ANY MATERIALS OR CONTENT AVAILABLE ON OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE GREEN IS THE NEW BLACK ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU ASSUME ALL RISK FOR ALL DAMAGES THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE, YOUR DEALINGS WITH OTHER SERVICE USERS, AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICE AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE SERVICE AND ANY ASSOCIATED SITES OR SERVICES AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM USED IN CONNECTION WITH THE SERVICE) OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICE OR THE DOWNLOAD OR USE OF SUCH MATERIALS OR CONTENT.
SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
11.Limitation of Liability
IN NO EVENT WILL THE GREEN IS THE NEW BLACK ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER LEGAL THEORY, WHETHER OR NOT THE GREEN IS THE NEW BLACK ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
YOU AGREE THAT THE AGGREGATE LIABILITY OF THE GREEN IS THE NEW BLACK ENTITIES TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF RELATING TO THE USE OF OR ANY INABILITY TO USE THE SERVICE (INCLUDING ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE) OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED $100.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 11 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
12.Governing Law. These Terms shall be governed by the laws of the State of California without regard to conflict of law principles. To the extent that any lawsuit or court proceeding is permitted hereunder, you and Green is the New Black agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Los Angeles County, California for the purpose of litigating all such disputes.
14.Dispute Resolution and Arbitration
14.1Generally. In the interest of resolving disputes between you and Green is the New Black in the most expedient and cost effective manner, you and Green is the New Black agree that any and all disputes arising in connection with these Terms shall be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND GREEN IS THE NEW BLACK ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
14.2Exceptions. Notwithstanding subsection 14.1, we both agree that nothing herein will be deemed to waive, preclude, or otherwise limit either of our right to (i) bring an individual action in small claims court, (ii) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available, (iii) seek injunctive relief in a court of law, or (iv) to file suit in a court of law to address intellectual property infringement claims.
14.3Arbitrator. Any arbitration between you and Green is the New Black will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Green is the New Black.
14.4Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail or Federal Express (signature required), or in the event that we do not have a physical address on file for you, by electronic mail ("Notice"). Green is the New Black's address for Notice is: Green is the New Black, Inc., c/o 5900 Wilshire Blvd., Ste 2950, Los Angeles, CA 90036. The Notice must (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought ("Demand"). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or Green is the New Black may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Green is the New Black shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. In the event our dispute is finally resolved through arbitration in your favor, Green is the New Black shall pay you (i) the amount awarded by the arbitrator, if any, (ii) the last written settlement amount offered by Green is the New Black in settlement of the dispute prior to the arbitrator’s award; or (iii) $1,000.00, whichever is greater.
14.5Fees. In the event that you commence arbitration in accordance with these Terms, Green is the New Black will reimburse you for your payment of the filing fee, unless your claim is for greater than $10,000, in which case the payment of any fees shall be decided by the AAA Rules. Any arbitration hearings will take place at a location to be agreed upon in Los Angeles County, California, provided that if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephonic hearing; or (iii) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In such case, you agree to reimburse Green is the New Black for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
14.6No Class Actions. YOU AND GREEN IS THE NEW BLACK AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Green is the New Black agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
14.7Modifications. In the event that Green is the New Black makes any future change to this arbitration provision (other than a change to Green is the New Black's address for Notice), you may reject any such change by sending us written notice within 30 days of the change to Green is the New Black's address for Notice, in which case the arbitration provision, as in effect immediately prior to the amendments you reject shall govern.
14.8Enforceability. If Subsection 14.6 is found to be unenforceable or if the entirety of this Section 14 is found to be unenforceable, then the entirety of this Section 14 shall be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described in Section 12 shall govern any action arising out of or related to these Terms.
16.Contact Information. The services hereunder are offered by Green is the New Black, Inc., located at c/o 5900 Wilshire Blvd., Ste. 2950, Los Angeles, CA 90036. You may contact us by sending correspondence to the foregoing address or by emailing us at privacyGITNB@gmail.com. If you are a California resident, you may have these Terms mailed to you electronically by sending a letter to the foregoing address with your electronic mail address and a request for these Terms.