Community, Serve Us Terms and Conditions

1. Introduction

Welcome to the Community, Serve Us (“Community, Serve Us”) social change platform and website located at www.communityserve.com (collectively, the “Platform”). Community, Serve Us is the flagship project of Studio Kula by Busko, Allen, Bodosi & Stefuliga LLC (“Studio Kula”) and is a fiscally sponsored project of the nonprofit, KARMANT Learning Organization, a 501(c)3 (“KARMANT Learning” and collectively with Community, Serve Us and Studio Kula, “We”, “Us” or “Our”).These Terms and Conditions (“Terms”) are a legal contract between you and Us and govern your use of all the text, data, information, software, graphics, photographs and more (all of which We refer to as “Materials”) that We and our affiliates may make available to  you, as well as any services (“Services”) We may provide through the Platform.  

READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE PLATOFORM. By accessing or using this Platform, you ARE INDICIATING THAT YOU HAVE BOTH READ AND ACCEPT THESE TERMS. Please read the TERMS carefully. If you do not agree to these terms, you may not use the platform.

NOTE:  THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH THE COMPANY.  YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.

2. Purpose of the User Community​

The Community, Serve Us User Community (the “User Community”) is provided as part of the Platform to facilitate collaborative engagement around addressing critical humanitarian crises affecting communities across the United States, including but not limited to school violence, homelessness, environmental challenges, human trafficking, and justice system concerns.

Through the integration of non-partisan, 360-degree storytelling, live chat, immersive and virtual reality (VR) experiences, and data aggregation tools, the Platform is intended to empower users to participate actively in crowdsourcing solutions, engaging in meaningful dialogue, and taking action within a centralized digital hub. This approach is designed to support local communities in tackling these issues while also contributing to a broader roadmap for national impact.

By participating in the User Community, you agree to engage constructively and uphold the values of respect, inclusivity, and professionalism. You acknowledge that the User Community is a collaborative space intended to foster idea generation, problem-solving, and informed, respectful dialogue. All users are expected to comply with the User Community Rules of Engagement (below), including refraining from discriminatory, harmful, or unlawful behavior.

3. General Use

By using this Platform, you promise that you are at least 13 years of age.  If you are not yet 18 years old, you must have the permission of an adult to use this Platform and agree to its Terms, and that adult must be a parent or legal guardian who is willing be responsible for your use of the Platform.

We invite you to use this Platform for individual, consumer purposes (“Permitted Purposes“) – enjoy!

In these Terms, We are granting you a limited, personal, non-exclusive and non-transferable license to use and to display the Materials. Your right to use the Materials is conditioned on your compliance with these Terms.  You have no other rights in the Platform or any Materials and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Platform or Materials in any manner.  If you make copies of any of the Materials while engaging in Permitted Purposes then We ask that you be sure to keep on the copies all of Our copyright and other proprietary notices as they appear on the Platform.

Unfortunately, if you breach any of these Terms the above license will terminate automatically and you must immediately destroy any downloaded or printed Materials (and any copies thereof).

4. Sensitive Content Disclaimer​

The Platform may discuss sensitive subject matters.

We encourage thoughtful engagement and ask users to be mindful that some discussions or content may evoke strong feelings—especially for those with personal experiences related to these issues.

If you find any content distressing or emotionally overwhelming, we encourage you to prioritize your well-being and consider seeking support from a qualified professional.

To support users throughout their engagement with the Platform, we have a Resources page, offering links to trusted organizations that provide support and guidance.  We will continue to update this page regularly. Please note: Community, Serve Us is currently in Beta with a limited set of features as we test and refine the experience. 

5. Beta Platform Notice​

A. Beta Program Acknowledgment

The Platform is currently made available as part of a Beta Program, which provides access to early versions of features, functionality, and content that are still in development and may be incomplete, contain errors, or undergo substantial changes. By accessing or using the Platform during this Beta phase, you acknowledge that the Platform is provided “as is” and “as available” without warranties of any kind and we hereby disclaim all such warranties, whether express or implied.

B. Participation in Testing and Feedback Collection

As part of the Beta Program, you agree that your usage of the Platform may be monitored for the purpose of evaluating user experience, identifying issues, and improving the Platform. Activities may include but are not limited to:

• Tracking and analyzing user behavior and engagement patterns.
• Collection of feedback through tools such as, surveys, discussion forums or direct communications. Participation in these opportunities is optional.
• Analysis of technical interactions to enhance performance, usability, and security.

By participating, you consent to such testing and data collection as outlined in our Privacy Policy.

C. Limitation of Liability

DUE TO THE EXPERIMENTAL NATURE OF THE BETA PLATFORM, WE MAKE NO GUARANTEES REGARDING ITS PERFORMANCE, FUNCTIONALITY, AVAILABILITY, OR SECURITY.  THE PLATFORM MAY EXPERIENCE INTERRUPTIONS, ERRORS, OR LOSS OF DATA. TO THE FULLEST EXTENT PERMITTED BY LAW, STUDIO KULA, COMMUNITY, SERVE US AND THEIR AFFILIATES DISCLAIM ALL LIABILITY FOR ANY HARM, LOSS, OR DAMAGE ARISING FROM OR RELATED TO YOUR USE OF THE PLATFORM DURING THE BETA PHASE.

D. Changes and Termination of Beta Program

Studio Kula & Community, Serve Us reserve the right to modify, suspend, or terminate the Beta Program, or any part thereof, at any time without notice. Access to the Beta Platform may be revoked or restricted at Studio Kula’s sole discretion.

E. User Responsibility

As an early participant, you have a unique opportunity to contribute to the refinement of the Platform. Your feedback is valuable and may directly inform the final design and features of the Platform. You agree that any feedback, suggestions, or ideas you submit become the property of Studio Kula & Community, Serve Us and you grant Studio Kula & Community, Serve Us the right to use such feedback without restriction or compensation.

6. Non-Profit Fiscal Sponsorship

Community, Serve Us operates under a fiscal sponsorship agreement with KARMANT Learning, a registered 501(c)(3) nonprofit entity. This arrangement enables KARMANT Learning to receive and administer tax-deductible donations and corporate sponsorships on behalf of Community, Serve Us while the project remains in its early development and pilot phases.

In addition to fiscal sponsorship, KARMANT Learning collaborates with Studio Kula on the development of the content for the Youth Community and supports the recruitment of high school volunteers and college interns as part of the K-Life Collaboration Program. For more details regarding this partnership, please refer to the K-Life Collaboration page.

As the flagship project of Studio Kula, Community, Serve Us intends to pursue its own independent 501(c)(3) nonprofit status following the successful completion of two full production seasons and will continue to serve as Studio Kula’s non-profit arm dedicated to serving the humanitarian vision on which the company was founded. Until such time, the governance of Community, Serve Us is guided by Studio Kula’s leadership and Advisory Board, who apply non-profit governance principles to the oversight and decision-making processes related to the project’s operations and mission delivery.

7. Platform Sign-Up: Username & Profile Photo

To help ensure a safe, inclusive, and mission-driven space, we ask all members to follow these simple guidelines when choosing a username and profile image.

Opt for a USERNAME that is Anonymous & Respectful:

• Required – Keep it kind and neutral—no slurs, coded language, or suggestive innuendo of any kind.
• Highly Recommended – Avoid usernames that reference political parties, social movements, or special interest groups, as we are committed to impartiality and open dialogue.
• Suggested – Use an alias or nickname that does not reveal your real name, professional title, or personal identifiers (e.g., school, workplace, location). HIGHLY ENCOURAGE in YOUTH COMMUNITY.

Choose a PROFILE PHOTO that Reflects Our Shared Values (Accessible from your User Account):

Prohibited content includes but is not limited to:

• Representations that support or promote political agendas, hate-based or discriminatory ideologies, or special interest groups.
• Any association with or promotion of terrorist activity, violence, or illegal behavior.
• Content promoting the use of alcohol, tobacco, illicit drugs, or firearms.
• Anything that may be deemed intimidating, offensive, or inconsistent with our mission.

It is HIGHLY RECOMMENDED that you do not upload images of real faces, logos, flags, or symbols that could imply political, ideological, religious, or organizational affiliation or connection to special interest groups.

We RECOMMEND you use neutral images, avatars, symbols, or artwork that express creativity or your personality without identifying yourself or others.

Why It Matters.

Our community is built on the principles of collaboration, compassion, and creative problem-solving. Anonymity allows us to focus on ideas instead of identities, and neutrality helps us stay focused on our shared goals, not our differences.

Thank you for helping us create a community of the heart—inclusive, impartial, and solution-oriented.

8. Marketing Emails & Notifications

By signing up and providing your email address, you consent to receive marketing emails and notifications about events, content updates, and other optional communications from Community, Serve Us. You may opt out at any time by either of the following methods:

A. Email Opt-Out: Send an email to tribe@studiokulamedia.com including:

• Subject: "Marketing Email Opt-Out"

• Your first and last name and username associated with your account

• The email address used for registration

• A statement requesting to be excluded from all optional email notifications

We cannot guarantee removal from our Marketing database if your request does not follow the format above.

B. Unsubscribe Link: Click the "Unsubscribe" link included at the bottom of any marketing email you receive.

Please Note: You cannot opt-out of communications that we are legally required to send.

9. Public Figure & Organizational Representative Verification

At Community, Serve Us, trust and integrity are core to our mission. To ensure impartiality and uphold our commitment to civil discourse and unbiased collaboration, we require verification of any individual who intends to publicly represent an organization, influence users through their public status, or speak on behalf of a group or community.

Who Must Be Verified

Verification is required for the following categories of users:

• Public Figures: Individuals joining the platform as notable celebrities, media figures, or influencers using their name, likeness, or platform to engage with or influence the community.
• Organizational Representatives: Anyone interacting on behalf of a government, nonprofit, academic institution, company, or advocacy group—especially those involved in campaigns, content creation, or official discussion threads.
• Community Leaders or Contributors: Individuals contributing to or speaking on behalf of causes featured within Community, Serve Us episodes or immersive content.

This verification ensures that all perspectives presented as organizational or expert viewpoints are legitimate and accountable.

Our Verification Process

To verify public figures and organizational representatives, Community, Serve Us uses a hybrid approach based on best practices from established platforms:

A. Identity Documentation

We require government-issued ID and, when applicable, organizational affiliation documentation, such as:

• Passport or driver’s license
• Business registration or nonprofit certification
• Press credentials or professional licenses
• Tax-exempt or IRS forms for nonprofits

B. Proof of Public Presence

To confirm the public or organizational role, we may request:

• News coverage or press mentions from reputable outlets
• Listings on official websites or staff directories
• Verified accounts on LinkedIn, Twitter/X, or other platforms
• Wikipedia entries (if relevant and properly cited)

C. Email & Domain Confirmation

We may confirm affiliation through:

• A valid email address from an official domain (e.g., jane@citygov.org or alex@university.edu).
• Submission through an authorized organization portal or referral.

D. Human Review & Tiered Status

All verification submissions are reviewed by our internal team or trusted partner organizations. Users may be granted one of the following roles:

• Verified Contributor
• Organizational Representative

E. Transparency & Appeals

Verification criteria are published here for full transparency. If a verification request is denied, users may appeal the decision or reapply with updated documentation.

To submit verification documentation or request an appeal please contact us at tribe@studiokudiokulamedia.com; Subject: Public Figure Verification.

10. Community Rules of Engagement

Our community thrives when everyone feels safe, heard, and empowered to contribute. These guidelines are designed to support respectful collaboration and effective solution-building. By participating, you agree to abide by the following rules of engagement:

A. Respect and Safety First​

• Treat every participant with kindness, empathy, and respect.
• Discrimination, hate speech, personal attacks, harassment, or any abusive or unlawful behavior will result in immediate action by moderators.
• Protect the privacy of others. Do not share personal or identifying information without consent.

B. Purpose-Driven Participation​

• Keep discussions focused on humanitarian impact, solutions, and constructive collaboration.
• Share your lived experience and expertise to inform progress—not to assign blame.
• All posts should move the conversation forward and reflect the spirit of change-making.

C. Content and Communication Standards​

• Keep comments clear, on-topic, and easy to understand.
• Please refrain from the use of emojis, symbols, or other imagery that could dilute meaningful conversation.
• Only share links to outside sites if they relate to the work projects sponsored by the community. Moderators reserve the right to remove any spam, advertisements or irrelevant content.

D. Inclusive Collaboration​

• Allow space for diverse voices and perspectives to be heard.
• Avoid monopolizing conversations. Encourage quieter voices and new contributors.
• Challenge ideas, not individuals. Disagree respectfully and offer alternative solutions.

E. Solution-Centered Mindset​

• Focus on present and future actions, not just the identification of problems.
• If referencing past efforts or failures, do so with a goal of learning and improving.
• Be open to evolving your viewpoint based on new insights or data.

F. Accessibility & Engagement​

• Use accessible language and visuals when sharing complex ideas.
• Avoid jargon unless it’s explained for the benefit of all members.
• Encourage questions and curiosity—every participant is here to grow and contribute.

G. Safe Space Accountability​

• Everyone is responsible for maintaining a safe, respectful environment.
• Report any content or behavior that violates these guidelines using the platform tools.
• Moderators reserve the right to intervene when necessary to maintain community integrity.

11. Unauthorized Activities

To be clear, We authorize your use of the Platform only for Permitted Purposes.  Any other use of the Platform beyond the Permitted Purposes is prohibited and, therefore, constitutes unauthorized use of the Platform.  This is because as between you and Us, all rights in the Platform remain Our property.

Unauthorized use of the Platform may result in violation of various United States and international copyright laws.  You are not authorized to use the Platform in any of the following ways (these are examples only and the list below is not a complete list of everything that You are not permitted to do):

• For any public or commercial purpose which includes use of the Platform on another site or through a networked computer environment;
• In a manner that modifies, publicly displays, publicly performs, reproduces or distributes any of the Platform;
• In a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law;
• To stalk, harass, or harm another individual;
• To impersonate any person or entity or otherwise misrepresent Your affiliation with a person or entity;
• To interfere with or disrupt the Platform or servers or networks connected to the Platform;
• To use any data mining, robots, or similar data gathering or extraction methods in connection with the Platform; or
• Attempt to gain unauthorized access to any portion of the Platform or any other accounts, computer systems, or networks connected to the Platform, whether through hacking, password mining, or any other means.

You agree to hire attorneys to defend Us if you violate these Terms and that violation results in a problem for Us.  You also agree to pay any damages that We may end up having to pay as a result of your violation.  You alone are responsible for any violation of these Terms by you.  We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Our defense of such claim.

12. Submissions

Certain areas of the Platform may permit you to submit feedback, information, data, text, software, messages, or other materials (each, a “User Submission“).  You agree that you are solely responsible for all of Your User Submissions and that any such User Submission is considered both non-confidential and non-proprietary.  Further, We do not guarantee that you will be able to edit or delete any User Submission you have submitted.

By submitting any User Submission, you are promising Us that:

• You own all rights in your User Submissions (including, without limitation, all rights to the reproduction and display of Your User Submissions) or, alternatively, you have acquired all necessary rights in your User Submissions to enable you to grant to Us the rights in your User Submissions as described in these Terms;
• You have paid and will pay in full all license fees, clearance fees, and other financial obligations, of any kind, arising from any use or commercial exploitation of your User Submissions;
• Your User Submissions do not infringe the copyright, trademark, patent, trade secret, or other intellectual property rights, privacy rights, or any other legal or moral rights of any third party;
• You voluntarily agree to waive all “moral rights” that you may have in Your User Submission;
• Any information contained in Your User Submission is not known by you to be false, inaccurate, or misleading;
• Your User Submission does not violate any law (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising);
• Your User Submission is not, and may not reasonably be considered to be, defamatory, libelous, hateful, racially, ethnically, religiously, or otherwise biased or offensive, unlawfully threatening, or unlawfully harassing to any individual, partnership, or corporation, vulgar, pornographic, obscene, or invasive of another’s privacy;
• You were not and will not be compensated or granted any consideration by any third party for submitting your User Submission;
• Your User Submission does not incorporate materials from a third-party website, or addresses, email addresses, contact information, or phone numbers (other than your own);
• Your User Submission does not contain any viruses, worms, spyware, adware, or other potentially damaging programs or files;
• Your User Submission does not contain any information that you consider confidential, proprietary, or personal; and
• Your User Submission does not contain or constitute any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.

By submitting a User Submission, you grant to Us an irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide, royalty-free license (sublicensable through multiple tiers) to:

• Use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display Your User Submissions (or any modification thereto), in whole or in part, in any format or medium now known or later developed;
• Use (and permit others to use) your User Submission in any manner and for any purpose (including, without limitation, commercial purposes) that We deem appropriate in Our sole discretion (including, without limitation, to incorporate your User Submission or any modification thereto, in whole or in part, into any technology, product, or service);
• Display advertisements in connection with your User Submissions and to use your User Submissions for advertising and promotional purposes.

We may, but are not obligated to, pre-screen User Submissions or monitor any area of the Platform through which User Submissions may be submitted. We are not required to host, display, or distribute any User Submissions on or through the Platform and may remove at any time or refuse any User Submissions for any reason. We are not responsible for any loss, theft, or damage of any kind to any User Submissions. Further, you agree that We may freely disclose your User Submission to any third party absent any obligation of confidence on the part of the recipient.

13. Privacy and Data Collection

We are committed to protecting your privacy. Any data collected during your use of the platform will be handled in accordance with our Privacy Policy. For questions or concerns about your privacy, please contact us.

14. FAQs and Support

For additional information about the platform, visit our FAQs. A link to the FAQs will also be available in the footer of every page for your convenience.

15. Modifications to Terms

We may alter the Materials and Services We offer you and/or choose to modify, suspend or discontinue this Platform at any time and without notifying you.  We may also change, update, add or remove provisions (collectively, “modifications”) of these Terms from time to time.  We will inform you of any modifications to these Terms by posting them on the Platform and, if you have registered with Us, by describing any material modifications to these Terms in an email that We will send to the address that you provided during registration.  To be sure We properly reach your email inbox, We just ask that you let Us know if your preferred email address changes at any time after your registration.

If you object to any such modifications, your sole recourse shall be to cease using this Platform.  Continued use of the Platform following notice of any such modifications indicates you acknowledge and agree to be bound by the modifications. Also, please know that these Terms may be superseded by expressly-designated legal notices or terms located on particular pages of the Platform.  These expressly-designated legal notices or terms are incorporated into these Terms and supersede the provision(s) of these Terms that are designated as being superseded.

16. Links to Third-Party Sites

We think links are convenient, and We sometimes provide links on the Platform to third-party websites.  If you use these links, you will leave the Platform. We are not obligated to review any third-party websites that you link to from the Platform, We do not control any of the third-party websites, and We are not responsible for any of the third-party websites (or the products, services, or content available through any of them). Thus, We do not endorse or make any representations about such third-party websites, any information, software, products, services, or materials found there or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to from the Platform, you do this entirely at your own risk and you must follow the privacy policies and terms and conditions for those third-party websites. Certain areas of the Platform may allow You to interact with one or more third-party websites, and, if applicable, allow you to configure your privacy settings in that third-party website account to permit your activities on the Platform to be shared with your contacts in your third-party site account.

17. Proprietary Rights

“Community, Serve Us” is a trademark that belongs to Us.  Other trademarks, names and logos on the Platform are the property of their respective owners.

Unless otherwise specified in these Terms, all Materials, including the arrangement of them on the Platform are Our sole property, Copyright © 2025.  All rights not expressly granted herein are reserved.  Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license. 

18. Intellectual Property Infringement

We respect the intellectual property rights of others and encourage you to do the same. Accordingly, We have a policy of removing User Submissions that violate intellectual property rights of others, suspending access to the Platform (or any portion thereof) to any user who uses the Platform in violation of someone’s intellectual property rights, and/or terminating in appropriate circumstances the account of any user who uses the Platform in violation of someone’s intellectual property rights.

Pursuant to Title 17 of the United States Code, Section 512, We have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe your copyright or other intellectual property right is being infringed by a user of the Platform, please provide written notice to tribe@studiokulamedia.com.  Be sure to put, “Intellectual Property Infringement” in the subject line.

To be sure the matter is handled immediately, Your written notice must:

• Contain your physical or electronic signature;
• Identify the copyrighted work or other intellectual property alleged to have been infringed;
• Identify the allegedly infringing material in a sufficiently precise manner to allow Us to locate that material;
• Contain adequate information by which We can contact you (including postal address, telephone number, and e-mail address);
• Contain a statement that you have a good faith belief that use of the copyrighted material or other intellectual property is not authorized by the owner, the owner’s agent or the law;
• Contain a statement that the information in the written notice is accurate; and
• Contain statement, under penalty of perjury, that you are authorized to act on behalf of the copyright or other intellectual property right owner.

Unless the notice pertains to copyright or other intellectual property infringement, we will be unable to address the listed concern.

Termination of Repeat Infringers

We reserve the right, in Our sole discretion, to terminate the account or access of any user of this Website or Service who is the subject of repeated DMCA or other infringement notifications.

19. Disclaimer of Warranties

THE PLATFORM IS PROVIDED “AS IS” AND “WITH ALL FAULTS” AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PLATFORM IS WITH YOU.

WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY) WITH RESPECT TO THIS WEBSITE, WHICH INCLUDES BUT IS NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.

THIS MEANS THAT WE DO NOT PROMISE YOU THAT THE PLATFORM IS FREE OF PROBLEMS.  Without limiting the generality of the foregoing, We make no warranty that the Platform will meet Your requirements or that the Platform will be uninterrupted, timely, secure, or error free or that defects in the Platform will be corrected. We make no warranty as to the results that may be obtained from the use of the Platform or as to the accuracy or reliability of any information obtained through the Platform. No advice or information, whether oral or written, obtained by You through the Platform or from Us or Our subsidiaries/other affiliated companies shall create any warranty. We disclaim all equitable indemnities.

20. Limitation of Liability

WE SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS TO OR FROM THE PLATFORM.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF WE KNOW THERE IS A POSSIBILITY OF SUCH DAMAGE. IN NO EVENT WILL OUR LIABILITY IN CONNECTION WITH YOUR USE OF THE PLATFORM AND THESE TERMS EXCEED $100.

21. Feedback

Any submissions by you to Us (e.g., comments, questions, suggestions, materials – collectively, “Feedback”) through any communication whatsoever (e.g., call, fax, email) will be treated as both non-confidential and non-proprietary.  Except as prohibited by applicable law, you hereby assign all right, title, and interest in, and We are free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback.  Where the foregoing assignment is prohibited by law, you hereby grant Us an exclusive, transferable, worldwide, royalty-free, fully paid up license (including the right to sublicense) to use and exploit all Feedback as We may determine in our sole discretion.  Notwithstanding the foregoing, you understand and agree that We are not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.

22. Dispute Resolution and Arbitration; Class Action Waiver

Please Read This Provision Carefully.  It Affects Your Legal Rights.

This Provision (the “Provision”) facilitates the prompt and efficient resolution of any dispute (e.g., claim or controversy, whether based in contract, statute, regulation, ordinance, tort – including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence – or any other legal or equitable theory, and includes the validity, enforceability or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below) that may arise between you and Us.  Effectively, then, “dispute” is given the broadest meaning enforceable by law and includes any claims against other parties relating to services or products provided or billed to you (such as Our licensors, suppliers, dealers or third-party vendors) whenever you also assert claims against Us in the same proceeding.

This Provision provides that all disputes between you and Us shall be resolved by binding arbitration because acceptance of these Terms constitutes a waiver of your right to litigation claims and all opportunity to be heard by a judge or jury. To be clear, there is no judge or jury in arbitration, and court review of an arbitration award is limited.  The arbitrator must follow these Terms and can award the same damages and relief as a court (including attorney’s fees).  You may, however, opt-out of this Provision which means you would have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions).  EVERYONE AGREES THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.

Pre-Arbitration Claim Resolution

For all Disputes, whether pursued in court or arbitration, you must first give Us an opportunity to resolve the Dispute which is first done by emailing Us at tribe@studiokulaemail.com the following information: (1)Your name, (2) Your address, (3) A written description of your Claim, and (4) A description of the specific relief you seek. If We do not resolve the Dispute within 45 days after receiving your notification, then you may pursue your Dispute in arbitration.  You may pursue your dispute in a court only under the circumstances described below.

Exclusions from Arbitration/Right to Opt Out

Notwithstanding the above, you or We may choose to pursue a Dispute in court and not by arbitration if: (a) The dispute qualifies for initiation in small claims court; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THESE TERMS (the “Opt-Out Deadline”).  You may opt-out of this Provision by emailing Us at tribe@studiokulaemail.com the following information: (1) Your name; (2) Your address; (3) A clear statement that you do not wish to resolve disputes with Us through arbitration. Your decision to opt-out of this Arbitration Provision will have no adverse effect on your relationship with Us. However, We do have to enforce the Opt-Out Deadline so keep in mind that any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your dispute in arbitration or small claims court.

Arbitration Procedures

If this Provision applies and the dispute is not resolved as provided above (Pre-Arbitration Claim Resolution) either you or We may initiate arbitration proceedings.  The American Arbitration Association (“AAA”), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate all disputes, and the arbitration will be conducted before a single arbitrator.  The arbitration shall be commenced as an individual arbitration only, and shall in no event be commenced as a class arbitration or a consolidated or representative action or arbitration. All issues shall be for the arbitrator to decide, including the scope of this Provision.

For arbitration before AAA, for Disputes of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply.  In either instance, the AAA’s Optional Rules For Emergency Measures Of Protection shall apply.  The AAA rules are available at www.adr.org or by calling 1-800-778-7879.  For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply.  The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267.  This Provision governs in the event it conflicts with the applicable arbitration rules.  Under no circumstances will class action or representative procedures or rules apply to the arbitration.

Because the Platform and these Terms concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all disputes.  However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.

Arbitration Award – The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding.  The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or if required by applicable law. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA or other applicable law, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.

Location of Arbitration – You or We may initiate arbitration in either California or the federal judicial district that includes your billing address.

Payment of Arbitration Fees and Costs – So long as You place a request in writing prior to commencement of the arbitration, We will pay all arbitration filing fees and AAA or JAMS hearing fees and any arbitrator’s hearing fees, costs and expenses upon your written request to the arbitrator given at or before the first evidentiary hearing in the arbitration.  But, You will still be responsible for all additional fees and costs that you incur in the arbitration which include but are not limited to attorneys’ fees or expert witnesses.  In addition to any fees and costs recoverable under applicable law, if you provide notice and negotiate in good faith with Us as provided in the section above titled “Pre-Arbitration Claim Resolution” and the arbitrator concludes that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorney’s fees and costs as determined by the arbitrator.

Class Action Waiver

Except as otherwise provided in this Provision, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action, representative action, or private attorney general action) unless both you and We specifically agree to do so in writing following initiation of the arbitration.  If you choose to pursue your Dispute in court by opting out of the Arbitration Provision, as specified above, this Class Action Waiver will not apply to You.  Neither you, nor any other user of the Platform can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.

Jury Waiver

You understand and agree that by accepting this Provision in these Terms, you and We are each waiving the right to a jury trial or a trial before a judge in a public court.  In the absence of this Provision, you and We might otherwise have had a right or opportunity to bring disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions).  Except as otherwise provided below, those rights are waived.  Other rights that you would have if you went to court (e.g., the rights to both appeal and certain types of discovery) may be more limited or may also be waived.

Severability

If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision whose remainder will be given full force and effect.  If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the dispute will be decided by a court.

Continuation

This Provision shall survive the termination of your account with Us or Our affiliates and your discontinued use of the Platform.  Notwithstanding any provision in these Terms to the contrary, We agree that if We make any change to this Provision (other than a change to the Notice Address), you may reject any such change and require Us to adhere to the present language in this Provision if a dispute between Us arises.

23. General

Certain violations of these Terms, as determined by Us, may require immediate termination of Your access to the Platform without prior notice to you.  The Federal Arbitration Act, California state law and applicable U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms.  Foreign laws do not apply.  Except for disputes subject to arbitration as described above, any disputes relating to these Terms or the Platform will be heard in the courts located in Los Angeles County, California.  If any of these Terms are deemed inconsistent with applicable law, then such term(s) shall be interpreted to reflect the intentions of the parties, and no other terms will be modified.  By choosing not to enforced any of these Terms, We are not waiving Our rights.  These Terms are the entire agreement between you and Us and, therefore, supersede all prior or contemporaneous negotiations, discussions or agreements between Everyone about the Platform.  The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.

24. Contact Us

If You have any questions about these Terms or otherwise need to contact Us for any reason, you can reach Us at tribe@sudiokulaemail.com.