Section 9 (titled DISPUTES AND DISPUTE RESOLUTION) is replaced with the following:
A. Forum Selection/Jurisdiction. Except where prohibited by the laws of your jurisdiction (which may include Quebec), jurisdiction and venue for any controversy, allegation, or claim arising out of or relating to the Service, the content, your UGC, these Terms, or any applicable Additional Terms, whether before the Effective Date of these Terms or after arising (collectively, "Dispute") shall be in Los Angeles, California. Each party submits to personal jurisdiction and venue in Los Angeles, California for any and all purposes.
B. Limitation on Injunctive Relief. AS PERMITTED BY APPLICABLE LAW IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSS, DAMAGES, OR INJURIES IN CONNECTION WITH YOUR USE OF THE SERVICE, THEN THE LOSSES, DAMAGES, AND INJURIES WILL NOT BE DEEMED IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR TO OTHER EQUITABLE RELIEF OF ANY KIND. THIS MEANS (WITHOUT LIMITATION) THAT, IN CONNECTION WITH YOUR CLAIM, YOU AGREE THAT YOU WILL NOT SEEK, AND THAT YOU WILL NOT BE PERMITTED TO OBTAIN, ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, APPLICATION, CONTENT, UGC, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED, OR CONTROLLED BY ANY SPE PARTY (INCLUDING YOUR LICENSED UGC) OR A LICENSOR OF ANY SPE PARTY. Without limiting the generality of the forgoing, you hereby irrevocably waive any right or remedy to seek and/or obtain injunctive or other equitable relief or any order with respect to, and/or to enjoin or restrain or otherwise impair in any manner, the production, distribution, exhibition, or other exploitation of any motion picture, production or project related to SPE, its parents, subsidiaries, and affiliates, or the use, publication or dissemination of any advertising in connection with such motion picture, production, or project.
C. Governing Law. Unless the laws of your jurisdiction require that those laws govern (which may include Quebec), these Terms and any applicable Additional Terms, Dispute and IP Disputes, and any other claim brought by you against SPE or by SPE against you pursuant to this Section 9, or otherwise related to the Service, content, SPE Licensed Elements, UGC or other SPE products or services, will be governed by, construed, and resolved in accordance with, the laws of the State of California, U.S.A., without regard to its conflicts of law provisions that might apply the laws of another jurisdiction.
D. Limited Time To File Claims. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND UNLESS THE LAWS OF YOUR JURISDICTION PROVIDE A LONGER APPLICABLE TIME PERIOD (WHICH MAY INCLUDE QUEBEC), IF YOU OR WE WANT TO ASSERT A GENERAL DISPUTE (BUT NOT AN IP DISPUTE) AGAINST THE OTHER, THEN YOU OR WE MUST COMMENCE IT WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES – OR IT WILL BE FOREVER BARRED.
E. The provisions of this Section shall supersede any inconsistent provisions of any prior agreement between the parties. This Section 9 shall remain in full force and effect notwithstanding any termination of your use of the Service or these Terms.
Section 10 (titled DISCLAIMER OF REPRESENTATIONS AND WARRANTIES) is replaced with the following:
A. AS PERMITTED BY APPLICABLE LAW, YOUR ACCESS TO AND USE OF THE SERVICE IS AT YOUR SOLE RISK AND THE SERVICE IS PROVIDED ON AN "AS IS", "AS AVAILABLE", AND "WITH ALL FAULTS" BASIS. To the fullest extent permissible by law, SPE and their direct and indirect parents, subsidiaries, affiliates, and each of their respective employees, directors, members, managers, shareholders, agents, vendors, licensors, licensees, contractors, customers, successors, and assigns (collectively, "SPE Parties") hereby disclaim and make no representations, warranties, conditions, endorsements, or promises, express or implied, in connection with, or otherwise directly or indirectly related to, without limitation, the Service, content, SPE Licensed Elements, UGC or other SPE products or services, except as set forth in subsection C, below.
B. EXCEPT FOR ANY SPECIFIC WARRANTIES PROVIDED HEREIN, OR IN APPLICABLE ADDITIONAL TERMS, OR AS OTHERWISE REQUIRED BY APPLICABLE LAW, SPE PARTIES HEREBY FURTHER DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS.
C. FOR PURPOSES OF CLARITY, THIS SECTION DOES NOT EXPAND OR LIMIT ANY EXPRESS, WRITTEN PRODUCT WARRANTY OR RELATED DISCLAIMERS THAT ARE PROVIDED BY SPE OR A MANUFACTURER WITH REGARD TO A PHYSICAL PRODUCT SOLD BY US, OR ANY WARRANTY ON A PHYSICAL PRODUCT TO THE EXTENT REQUIRED BY APPLICABLE LAW.
D. Some jurisdictions (which may include Quebec) do not allow the exclusion of certain warranties, conditions or representations, or the limitation or exclusion of certain damages. Accordingly, some of the limitations and disclaimers in these Terms may not apply to you and you may have other rights. To the extent SPE may not, as a matter of applicable law, disclaim any warranty, condition or representation or limit its liabilities, the scope and duration of such warranty, condition or representation and the extent of SPE's liability shall be the minimum permitted under such applicable law.
Section 13 E (titled EXPORT CONTROLS) is replaced with the following:
You are responsible for complying with all applicable trade regulations and laws both foreign and domestic. Except as authorized by applicable law, you agree and warrant not to export or re-export the software to any county, or to any person, entity, or end-user subject to applicable export controls or sanctions.