TERMS OF SERVICE
The rules that govern your use of BlueCollarTelevision and everything we publish, stream, and sell.
Welcome to BlueCollarTelevision ("BCTV"). These Terms of Service ("Terms") govern your access to and use of the BlueCollarTelevision platform, including our websites, applications, live and on-demand streaming channels, radio and video programming, editorial and culture coverage, the Bar Club, independent artist tools, community features, in-platform commerce, and related features (collectively, the "Platform") over the internet on computers, tablets, phones, televisions, and other internet-connected devices ("BCTV supported devices").
The BCTV platform is provided to you by BlueCollarTelevision. By accessing or using the Platform, you accept these Terms, which govern your use of our service. As used in these Terms, "BCTV service", "our service", or "the service" means the service provided by BlueCollarTelevision for discovering, accessing, and interacting with BCTV content. This includes all personalization, features and functionalities, recommendations, our websites, applications, and user interfaces, as well as all content and software associated with our service.
To the fullest extent permitted by applicable law, you agree that any dispute, claim, or controversy arising out of or relating to your use of the BCTV Platform or these Terms shall be resolved exclusively through final and binding arbitration, and not in a court of law, unless you properly exercise your limited, time-bound right to opt out of arbitration in accordance with the procedures set forth in these Terms.
BY ACCEPTING THESE TERMS, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JUDGE OR JURY, AS WELL AS THE RIGHT TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING.
Failure to timely opt out of this arbitration provision will result in your irrevocable agreement to resolve all disputes on an individual basis through arbitration. Additional details regarding arbitration procedures, opt-out requirements, and your rights are provided in Section 10 below.
1. The BCTV Service
1.1 Access to the BCTV Service
Access to the BCTV Platform requires a valid internet connection and a compatible, supported device. While certain content, features, or services may be made available without charge and may not require account registration or payment information, BCTV reserves the sole and absolute right to determine which features require account creation, identity verification, or payment at any time, with or without notice.
Access to subscription-based features, premium content, paygated releases, or creator monetization tools requires the creation of a BCTV account and, where applicable, a valid payment method. All subscriptions and purchases are governed by BCTV's subscription and billing terms, which may be updated or modified at BCTV's discretion.
Access to the BCTV Platform is granted solely to the person who registered the account. BCTV reserves the right to limit, suspend, or terminate access for users who violate these Terms, exceed permitted usage, or engage in unauthorized access.
The "Account Owner" is the individual who registers the account and whose payment method is used for all applicable charges. The Account Owner is solely responsible for all activity conducted under the account, including actions taken by any authorized or unauthorized users. BCTV shall not be liable for any loss, damage, or unauthorized activity arising from failure to safeguard account credentials or misuse of account access.
BCTV reserves the right, in its sole discretion, to suspend, restrict, or permanently terminate any account or access to the Platform for violations of these Terms, suspected fraudulent activity, abuse of the service, or any activity that may expose BCTV to legal, financial, or reputational risk.
1.2 Age Limitation
You must be at least 18 years of age to create a BCTV account. By creating an account, you represent and warrant that you meet this age requirement.
Zero Tolerance Under 13 (COPPA Compliance): BCTV does not knowingly permit individuals under the age of 13 to access or use the Platform. If we become aware that a user under 13 has accessed the Platform or provided personal information, BCTV will take immediate steps to terminate the account and delete any associated data in accordance with applicable law, including the Children's Online Privacy Protection Act (COPPA).
Use by Minors (Ages 13–17): Individuals between the ages of 13 and 17 may only access or use the BCTV Platform under the direct supervision of a parent or legal guardian and may not create independent accounts. Any access by a minor must occur through an account controlled by a parent or legal guardian.
The parent or legal guardian:
- Assumes full legal responsibility and liability for all use of the Platform by the minor
- Agrees to be bound by these Terms on behalf of the minor
- Is responsible for all activity, content, interactions, and financial transactions conducted by the minor
- Must ensure compliance with all applicable laws and Platform policies
BCTV expressly disclaims any and all liability arising from unauthorized use of the Platform by minors, failure of a parent or guardian to supervise or control a minor's use, and any transactions, interactions, or content involving a minor.
BCTV reserves the right, at its sole discretion, to request age verification at any time; restrict, suspend, or terminate accounts suspected of being used by minors in violation of these Terms; and remove or limit access to content or features deemed inappropriate for minors.
1.3 Offers and Platform Features
BCTV may, from time to time, offer promotional programs, including discounts, membership incentives, or other limited-time offers ("Offers"). Eligibility for any Offer is determined solely at BCTV's discretion, and BCTV reserves the right to modify, restrict, revoke, or suspend any Offer or associated account if it determines that a user does not meet the applicable eligibility requirements or has violated these Terms. Users associated with an existing or recently active BCTV account may be ineligible for certain introductory or promotional Offers. BCTV may utilize information such as account activity, payment methods, and contact details to assess eligibility and prevent abuse of promotional programs. All eligibility criteria, limitations, and conditions applicable to an Offer will be disclosed at the time of enrollment or through related communications provided by BCTV.
BCTV provides a Platform that includes:
- Interactive streaming channels, both live and on-demand, including 24/7 linear programming
- Radio and audio programming, mixtapes, crates, editorials, and independent artist releases
- Editorial content, including news, culture, history, fashion, food, sports, and business coverage
- Bar Club features, including exclusive content, freestyles, classics, media, and community submissions
- Social and community features, including comments and submissions
- Integrated commerce functionality, including product features, carts, and product placements within content, which may be fulfilled by third-party commerce providers
- Advertising and monetization tools for creators and partners
BCTV reserves the right, at any time and without liability, to update, modify, limit, or discontinue any feature, service, or functionality offered on the Platform.
1.4 Account Sharing
1.4.a Personal Use License. The BCTV Platform, including all content, features, and services made available through it, is provided solely for your personal, non-commercial use. BCTV grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Platform in accordance with these Terms.
You may not:
- Share, distribute, sublicense, or commercially exploit any content or access to the Platform
- Use the Platform for public display, rebroadcasting, or unauthorized streaming
- Provide your login credentials to any other person
1.4.b Account Ownership and Responsibility. Access to BCTV is granted to the registered Account Owner, who is solely responsible for maintaining the confidentiality of login credentials, for all activity conducted under the account whether authorized or not, and for ensuring that any person who accesses the account complies with these Terms. BCTV shall not be liable for any loss, damage, or unauthorized activity resulting from failure to secure account credentials.
1.4.c Prohibited Sharing and Misuse. Any unauthorized sharing, resale, redistribution, or transfer of account access or Platform content is strictly prohibited. Prohibited activities include, but are not limited to:
- Sharing login credentials with anyone else
- Selling or sublicensing access to BCTV content or services
- Circumventing geographic, technical, or account-based restrictions
- Using automated systems, bots, or scripts to access or manipulate the Platform
1.4.d Platform Monitoring and Enforcement. BCTV reserves the right, in its sole discretion, to monitor usage of the Platform for compliance with these Terms, including detection of unauthorized account sharing, fraudulent activity, and abuse of Platform features, monetization systems, or promotional offers. Monitoring may include analysis of device identifiers, IP addresses and geolocation data, and payment methods and account activity.
1.4.e Enforcement Actions. BCTV may, at any time and without prior notice, take enforcement action if it determines, in its sole discretion, that a user has violated these Terms or engaged in prohibited conduct. Such actions may include limiting or restricting access to features or content; requiring identity or account verification; suspending or terminating accounts; revoking access to subscriptions, purchases, or monetization features; and withholding or reversing payments associated with fraudulent or abusive activity.
1.4.f No Expectation of Continued Access. BCTV reserves the right to modify, suspend, or discontinue any aspect of the Platform, including content, features, or services, at any time without liability. Access to the Platform is not guaranteed and may be revoked at BCTV's discretion.
1.5 Service Availability and Updates
The BCTV Platform, including all content, features, and functionalities, is continuously updated, modified, and enhanced, and as a result, BCTV does not guarantee that any specific content, channel, program, or feature will be available at all times. While BCTV endeavors to provide a consistent, reliable, and high-quality user experience, certain content, features, or services may be temporarily unavailable, delayed, or limited due to factors such as user demand, technical limitations, system upgrades, maintenance, or other operational considerations. BCTV may also conduct ongoing testing, experimentation, and optimization of various aspects of the Platform, including user interfaces, functionality, content delivery, advertising formats, and overall user experience. By using the Platform, you acknowledge and agree that such testing may occur without prior notice and may impact your experience.
1.6 Limited License and Permitted Use
Subject to your compliance with these Terms and any applicable policies, BCTV grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable right to access and use the BCTV Platform and its associated features solely as expressly authorized. Except for this limited right of access, no ownership, license, or other right, title, or interest in or to the Platform, its content, or underlying technology is transferred to you. You agree to use the BCTV Platform strictly in accordance with all applicable laws, rules, and regulations, as well as any restrictions or limitations imposed on the use of the service or content made available through it. Unless expressly permitted in writing by BCTV, you agree not to engage in any unauthorized use of the Platform, including but not limited to copying, distributing, modifying, publicly displaying, reverse engineering, or otherwise exploiting any portion of the service or its content beyond the scope of the limited rights granted herein.
1.6.a Prohibited Conduct. You agree not to do the following:
- (a) Commercial Exploitation — using the Platform, its content, or any portion thereof for commercial purposes, public exhibitions, or unauthorized public performances.
- (b) Unauthorized Use of Content — copying, reproducing, distributing, modifying, displaying, performing, publishing, licensing, selling, or otherwise exploiting any content, data, or information obtained from the Platform beyond permitted personal use.
- (c) Circumvention of Protections — bypassing, disabling, altering, interfering with, or otherwise undermining any security features, content protection mechanisms, user interface elements, advertising systems, copyright notices, trademarks, or other proprietary components of the Platform.
- (d) Automated Access — using any automated means to access or interact with the Platform, including bots, crawlers, scrapers, spiders, or similar technologies.
- (e) Reverse Engineering — decompiling, reverse engineering, disassembling, or attempting to derive the source code, structure, or underlying processes of any software, systems, or services associated with BCTV.
- (f) Platform Manipulation — introducing, injecting, or manipulating code, scripts, or content in any way that alters, disrupts, or interferes with the Platform's normal operation, display, or functionality.
- (g) Data Extraction — engaging in data mining, data harvesting, scraping, or extraction of any content, user data, or Platform information.
- (h) Malicious Activity — uploading, transmitting, or distributing any viruses, malware, harmful code, or other materials designed to disrupt, damage, or interfere with the Platform, its users, or related systems and networks.
- (i) AI and Machine Learning Restrictions — using the Platform, its content, or any data obtained from it for the purpose of developing, training, fine-tuning, testing, benchmarking, or validating any artificial intelligence, machine learning system, algorithm, or similar technology, unless expressly authorized by BCTV in writing.
1.6.b Enforcement and Remedies. BCTV reserves the right, at its sole discretion and without prior notice, to investigate, restrict, suspend, or terminate your access to the Platform, and to take any other appropriate action, including legal action, if it determines that you have violated this section or engaged in any prohibited conduct.
1.6.c No Waiver of Rights. Failure by BCTV to enforce any provision of this section shall not be deemed a waiver of its right to enforce such provision or any other provision at any time.
BCTV may terminate or restrict your use of our service if you violate these Terms or are engaged in illegal or fraudulent use of the service.
1.7 Streaming Quality and Performance
The quality and performance of content displayed through the BCTV Platform may vary depending on a number of factors beyond BCTV's control, including but not limited to your device capabilities, geographic location, network conditions, available bandwidth, and the speed and reliability of your internet connection. BCTV does not guarantee that all content will be accessible in all formats or that your experience will meet any minimum quality standard. For optimal viewing, BCTV recommends minimum connection speeds of approximately 3.0 Mbps per stream for HD-quality playback (720p or higher) and 5.0 Mbps per stream for Full HD (1080p or higher); however, actual performance may vary. You are solely responsible for all internet access charges and data usage fees associated with your use of the Platform. BCTV makes no representations or warranties regarding the quality, consistency, or reliability of your viewing or listening experience, and playback performance—including buffering times, load times, and stream stability—may vary based on current network conditions, selected content, and device configuration.
1.8 Software and Updates
BCTV grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the BCTV Platform, including all associated software, applications, and technologies ("Software"), solely for your personal, non-commercial use and in strict accordance with these Terms, and only for the purpose of enabling authorized access to BCTV content, services, and features on supported devices. All rights, title, and interest in and to the Software, including all intellectual property rights, are owned by or licensed to BCTV, and no rights are transferred to you except for the limited license expressly granted herein. You may not copy, reproduce, distribute, publicly display, modify, adapt, translate, create derivative works from, reverse engineer, decompile, attempt to extract source code from, or otherwise interfere with or circumvent any aspect of the Software or its security and access controls. BCTV may, at any time and without prior notice, deploy updates, patches, bug fixes, or modifications, including changes required for security, compliance, or performance, which may be applied automatically and may be necessary to maintain access. The Software may incorporate or rely on third-party components subject to separate terms, and BCTV disclaims any responsibility for the performance, availability, or functionality of such third-party software. BCTV reserves the right to suspend, restrict, or terminate your access to the Software at any time, including in cases of violation of these Terms, incompatibility or security risks, or where continued access poses legal, operational, or security concerns. The Software is provided "as is" and "as available," without warranties of any kind.
1.9 Device Compatibility and Technical Limitations
1.9.a Device Requirements. Access to the BCTV Platform requires a compatible device and a reliable internet connection. You are solely responsible for obtaining and maintaining all hardware, software, and connectivity necessary to access and use the Platform.
1.9.b Third-Party Devices. BCTV may be accessible through a variety of third-party devices, including smart TVs, mobile devices, tablets, streaming devices, gaming consoles, and web browsers. By using BCTV on any such device, you acknowledge that the device manufacturer, operating system provider, or seller is solely responsible for the device's performance and functionality, and that BCTV does not control and is not responsible for the operation, updates, or compatibility of third-party devices.
1.9.c No Warranty for Device Performance. BCTV makes no representations or warranties regarding the performance, speed, or reliability of any device used to access the Platform; the availability of BCTV on any specific device or operating system; or the continued compatibility of the Platform with any device, software version, or system update.
1.9.d Compatibility Changes. BCTV reserves the right, at any time and without liability, to modify, limit, or discontinue support for any device, operating system, or platform; require updates to devices, browsers, or applications to maintain access; and restrict or disable access where compatibility or security issues arise.
1.9.e Service Interruptions. BCTV is not responsible for service interruptions, degraded performance, or access limitations caused by device malfunctions or limitations, software or firmware updates, network connectivity issues, or third-party service providers or platforms.
1.9.f User Responsibility. You are responsible for ensuring that your device meets the technical requirements necessary to access BCTV and for resolving any issues related to your device, including compatibility, performance, or connectivity problems.
1.9.g No Liability. To the fullest extent permitted by law, BCTV disclaims all liability for any damages, losses, or disruptions arising from or related to the use of unsupported, incompatible, or malfunctioning devices.
1.10 Interactive Features
BCTV may offer features that enable users to engage with content and interact with other users (collectively, "Interactive Features"). These may include commenting, Bar Club submissions, and integrated commerce functionality such as purchasing products from content, live streams, or linear programming, as well as ordering goods or services through the Platform.
Use of Interactive Features is governed by these Terms, BCTV's community standards, and any additional rules or conditions that may apply to specific features or experiences.
BCTV reserves the right, but is not obligated, to utilize automated systems, including artificial intelligence, as well as human moderators, to monitor, record, analyze, review, store, modify, restrict, or disable the use of Interactive Features. This includes reviewing communications, transactions, and any materials submitted by you or other users for the purpose of detecting, preventing, or investigating violations of these Terms, applicable policies, or unlawful, harmful, or abusive behavior.
All messages, content, transactions, and interactions conducted through Interactive Features (collectively, "Interactive Content") are the sole responsibility of the user who creates or initiates them. BCTV does not endorse, verify, or guarantee the accuracy, completeness, legality, or reliability of any Interactive Content. To the fullest extent permitted by law, BCTV shall not be liable for any claims, damages, losses, or liabilities arising out of or related to Interactive Content or user interactions on the Platform.
BCTV reserves the right to take protective or corrective measures at any time to preserve platform integrity, user safety, and legal compliance. Such measures may include suspending or disabling features, limiting participation, restricting transactions, or otherwise intervening in platform activity. BCTV may, at its sole discretion and without prior notice, suspend or terminate access to any Interactive Feature or user account if it determines that a user has violated these Terms, applicable policies, or engaged in conduct that presents a safety, legal, financial, or operational risk.
2. Subscription, Billing and Payments
2.1 Automatic Renewal
Your BCTV subscription will automatically renew on a recurring basis (monthly or annually, depending on your selected plan) until canceled. By purchasing a subscription, you authorize BCTV to automatically charge your Payment Method for all applicable fees at the start of each billing cycle without further notice.
2.2 Payment Method Authorization
To access paid features, you must provide a valid, current, and accepted payment method ("Payment Method"), which may include a third-party payment processor. By providing a Payment Method, you represent that you are authorized to use the Payment Method; authorize BCTV (and its payment processors) to charge all applicable fees, taxes, and charges; and agree that BCTV may update or replace expired or invalid payment methods using information provided by your payment provider. BCTV may perform authorization holds or pre-authorizations, including charges up to one full billing cycle, to verify your Payment Method.
2.3 Billing Cycles and Charges
The length and terms of your billing cycle depend on your selected plan. You agree that subscription fees are billed in advance and are non-refundable and fully earned upon payment; that additional charges (including taxes, transaction fees, add-ons, commerce purchases, or premium features) may be billed separately or combined with your subscription charges; and that billing dates may vary due to calendar differences, payment processing delays, or subscription changes. Your next billing date and billing history will be available in your account dashboard.
2.4 Free Trials and Promotional Offers
BCTV may offer free trials or promotional pricing. Unless you cancel before the end of the trial or promotional period, your subscription will automatically convert to a paid plan and your Payment Method will be charged at the applicable rate. BCTV reserves the right to modify, revoke, or limit promotional offers at its sole discretion.
2.5 Failed Payments
If a charge to your Payment Method is declined or fails for any reason, BCTV may retry the charge using the same or updated Payment Method, your access to the Platform may be restricted, suspended, or downgraded, and BCTV may continue attempting to collect outstanding amounts. You remain responsible for all unpaid balances.
2.6 Cancellation
You may cancel your subscription at any time through your account settings. Cancellation will take effect at the end of the current billing cycle. No refunds or credits will be issued for partial billing periods, unused time, or remaining subscription duration.
2.7 Chargebacks and Payment Disputes
You agree not to initiate chargebacks or payment disputes without first contacting BCTV to resolve the issue. If you initiate a chargeback or dispute, BCTV may immediately suspend or terminate your account, you may lose access to content, purchases, subscriptions, and Platform features, and BCTV reserves the right to recover disputed amounts, including associated fees, through legal or collection processes.
2.8 Payment Authorization and Failed Transactions
By providing one or more payment methods in connection with your BCTV account, you authorize BCTV to charge any available Payment Method associated with your account in the event that your primary Payment Method is declined, expired, or otherwise unavailable for processing subscription fees or other applicable charges. You remain fully responsible for any outstanding or uncollected amounts owed to BCTV. If a payment cannot be successfully processed for any reason, including insufficient funds or payment method failure, and you do not cancel your subscription, BCTV reserves the right to suspend or restrict your access to the Platform until a valid Payment Method is successfully charged and all outstanding balances are satisfied. Certain Payment Methods may impose additional charges, such as foreign transaction fees or processing fees, which are determined by your payment provider and are your sole responsibility.
2.9 Payment Method Updates
You may update, add, or modify your Payment Methods at any time through your account settings. BCTV may also update or replace your Payment Methods using information provided by your payment service providers, including updates related to expiration dates or account changes. By maintaining a Payment Method on file and following any such updates, you authorize BCTV to continue charging the applicable Payment Method(s) for all subscription fees, purchases, and any other amounts due under your account.
2.10 Price Changes and Changes to Plans
BCTV reserves the right to modify, adjust, or update its subscription plans, pricing structures, or billing terms at any time. In the event of any material changes affecting your plan or pricing, BCTV will provide advance notice, typically at least thirty (30) days prior to such changes taking effect, unless a different notice period is required or permitted by applicable law. If you do not agree to the updated pricing or modifications, you may cancel your subscription prior to the effective date of the change. Continued use of the BCTV Platform after the effective date of any changes constitutes your acceptance of the revised terms.
2.11 No Guarantee of Service or Revenue
Payment of subscription fees does not guarantee continuous Platform availability, access to specific content or features, or revenue, monetization, or financial return (for creators).
2.12 No Refunds
All payments made to BCTV are final and non-refundable, and no refunds, credits, or prorated adjustments will be issued for any partially used subscription periods or unused portions of the service. Upon cancellation, you will continue to have access to the Platform through the remainder of your current billing cycle, after which your access will terminate unless you resubscribe. Notwithstanding the foregoing, BCTV reserves the right, at its sole and absolute discretion, to offer refunds, discounts, promotional credits, or other forms of consideration to certain users under specific circumstances. The issuance, amount, and form of any such credits are determined exclusively by BCTV and may vary from case to case. The provision of a credit or adjustment in any instance does not create any obligation or expectation that BCTV will provide similar credits in the future.
2.13 Survival
All payment obligations, including outstanding balances, fees, and dispute rights, will survive termination of your account or subscription.
3. Account Access
3.1 Account Responsibility and Security
You are solely responsible for all activity conducted through your BCTV account, including any actions taken by individuals to whom you grant access, whether or not such access is permitted under these Terms. All users accessing your account are deemed to be acting on your behalf and are bound by these Terms, including any dispute resolution provisions, and you accept full responsibility for any changes they make to your account, including modifications to subscription plans or account settings. You are responsible for maintaining the confidentiality and security of your login credentials, devices, and Payment Method information, and you agree not to share such information with unauthorized parties. You must also ensure that all account information, including contact details, remains accurate and up to date so that BCTV can communicate important notices. BCTV reserves the right, at its sole discretion, to suspend, restrict, or terminate your account, or place it on hold, in order to protect you, BCTV, or its partners from suspected fraud, unauthorized access, or other security risks, and BCTV is not obligated to provide refunds, credits, or discounts for any period during which the account is restricted or on hold. In the event that a device used to access your account is lost, stolen, transferred, or otherwise compromised, you are responsible for promptly securing your account, including logging out of or deactivating such devices.
4. User Content
4.1 Definition of User Content
The BCTV Platform enables users to upload, post, transmit, or otherwise make available content, including but not limited to video, audio, images, text, comments, messages, data, and interactive elements ("User Content").
4.2 Ownership and Representations
You retain ownership of your User Content. However, by submitting User Content to BCTV, you represent and warrant that you own or control all rights necessary to grant the licenses described in these Terms; that your User Content does not infringe or violate any third-party rights, including intellectual property, privacy, or publicity rights; and that your User Content complies with all applicable laws, regulations, and Platform policies.
4.3 License Grant to BCTV
By submitting User Content, you grant BCTV a worldwide, perpetual (subject to removal), non-exclusive, royalty-free, fully paid, transferable, sublicensable license to host, store, reproduce, distribute, transmit, publicly display, and perform your User Content; to modify, adapt, reformat, and create derivative works for Platform functionality, optimization, and distribution; to promote, market, syndicate, and distribute your User Content across BCTV and third-party platforms; to integrate your User Content with advertising, sponsorships, commerce features, analytics, and interactive tools; and to use your User Content in connection with Platform development, testing, improvement, and operational purposes. This license extends to BCTV's affiliates, partners, distributors, and service providers.
4.4 Monetization and Platform Control
BCTV reserves the exclusive right, at its sole discretion, to determine whether and how User Content is monetized; to insert, overlay, or display advertisements in connection with User Content; to enable, disable, or modify commerce features associated with User Content; and to share revenue with creators in accordance with applicable agreements. Nothing in these Terms guarantees that User Content will generate revenue or be eligible for monetization.
4.5 User Responsibility and Risk
You are solely responsible for your User Content and all consequences arising from it, including legal compliance, financial transactions, and claims arising from third-party rights. BCTV does not endorse or guarantee the accuracy, quality, or legality of User Content. User Content is not confidential, and content shared on the Platform may be viewed, shared, or interacted with by others.
4.6 Monitoring, Moderation, and Removal
BCTV reserves the right, but not the obligation, to monitor, review, screen, or remove User Content at any time; to use automated systems, including AI-based tools, to detect and restrict content; to limit visibility, demonetize, or remove content without notice; and to suspend or terminate accounts associated with violations. BCTV may take such actions with or without prior notice and at its sole discretion. Comments and submissions may be held for review before they become visible.
4.7 Waiver of Moral Rights
To the fullest extent permitted by law, you waive any moral rights or similar rights that would restrict BCTV's use, modification, or distribution of your User Content.
4.8 Indemnification for User Content
You agree to defend, indemnify, and hold harmless BCTV from and against any claims, damages, liabilities, losses, or expenses arising out of or related to your User Content, your use of the Platform, or your violation of these Terms.
4.9 Survival
The rights granted under this section will survive termination of your account and removal of your content to the extent necessary for BCTV's business operations, legal compliance, and archival purposes.
5. Copyright, DMCA and Content Enforcement
BCTV respects the intellectual property rights of others and complies with the Digital Millennium Copyright Act (DMCA). If you believe that content on the Platform infringes your copyright or other rights, you may submit a takedown request in accordance with this section. BCTV utilizes both automated systems and human review to detect, review, and remove content that may violate intellectual property laws or Platform policies. BCTV reserves the right, at its sole discretion, to remove content, restrict access, or terminate accounts for repeated or serious violations. Notices and counter-notices must be submitted in writing through the contact channels listed on our Contact page and must include the information required by 17 U.S.C. § 512, including identification of the copyrighted work, identification and location of the allegedly infringing material, your contact information, a statement of good-faith belief, a statement under penalty of perjury that the information is accurate and that you are authorized to act, and your physical or electronic signature.
6. Creator Services and Additional Terms
BCTV may offer creator tools, monetization features, artist profiles, release distribution, and other functionality designed for content creators (collectively, the "Creator Services"). Access to and use of Creator Services is subject to the applicable creator program terms and pricing disclosed at enrollment, which are incorporated into these Terms by reference. By enrolling in Creator Services, uploading content for monetization, or operating an artist profile, you agree to be bound by those terms in addition to these Terms. In the event of any conflict between these Terms and the applicable creator program terms, the creator program terms shall govern with respect to Creator Services. Creator earnings, payout eligibility, subscription revenue sharing, and paygated release terms are determined by the applicable program terms and are not guaranteed.
7. Liability Limitations and Warranty Disclaimers
7.1
THE BCTV PLATFORM, INCLUDING ALL CONTENT, SOFTWARE, APPLICATIONS, FEATURES, AND FUNCTIONALITIES ASSOCIATED THEREWITH, IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY.
BCTV does not guarantee, represent, or warrant that your access to or use of the Platform will be uninterrupted, error-free, secure, or free from defects or delays. To the fullest extent permitted by law, BCTV expressly disclaims any and all liability arising from or related to the use, performance, or availability of third-party applications, devices, software, or systems used to access the Platform, including any failure of such devices or systems to remain compatible with BCTV's services over time.
7.2
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BCTV, ITS AFFILIATES, SUBSIDIARIES, OR ANY OF THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, OR LICENSORS BE LIABLE TO YOU, WHETHER JOINTLY OR SEVERALLY, FOR ANY PERSONAL INJURY OR FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, OR FOR ANY DAMAGES WHATSOEVER ARISING OUT OF OR RELATED TO YOUR USE OF, OR INABILITY TO USE, THE BCTV PLATFORM, ITS CONTENT, OR ANY ASSOCIATED FEATURES OR SERVICES.
7.3 Third-Party Advertising and Commerce
You may be exposed to third-party advertisements, sponsored materials, or other commercial content through the BCTV Platform, and you may purchase products or services from third-party merchants through the Platform. BCTV does not endorse, verify, or guarantee any products, services, or claims made by advertisers or merchants and expressly disclaims any responsibility or liability for the quality, safety, legality, fulfillment, or performance of such third-party offerings. Any interaction, transaction, or engagement you undertake with advertisers or merchants—including through in-stream commerce or promotional features—is done solely at your own discretion and risk.
7.4 Non-Waivable Rights
Nothing in these Terms shall limit, exclude, or otherwise affect any non-waivable rights or protections that you are entitled to under applicable law, and any provision of these Terms shall be enforced only to the maximum extent permitted by such laws.
8. Dispute Waivers and Limitations on Legal Proceedings
8.1 Mandatory Individual Claims and Waiver of Class, Consolidated, and Representative Actions
To the fullest extent permitted by applicable law, for any disputes between you and BCTV that are not subject to the mandatory arbitration provisions set forth in these Terms, you and BCTV agree that such disputes will be resolved solely on an individual basis and not as part of any class, consolidated, collective, or representative action. Neither you nor BCTV will initiate, join, or participate in any lawsuit, arbitration, or proceeding in which claims are brought on behalf of others, including class actions, collective actions, representative proceedings, or private attorney general actions. You and BCTV further agree not to combine or consolidate individual claims or proceedings without the express written consent of the other party.
8.2 Waiver of Right to Jury Trial
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WITH RESPECT TO ANY CLAIMS OR DISPUTES THAT ARE PERMITTED TO PROCEED IN A COURT OF LAW, YOU AND BCTV EXPRESSLY, KNOWINGLY, AND VOLUNTARILY WAIVE ANY AND ALL RIGHTS, WHETHER CONSTITUTIONAL, STATUTORY, OR OTHERWISE, TO A TRIAL BY JURY, AND AGREE THAT SUCH CLAIMS SHALL BE RESOLVED BY A JUDGE SITTING WITHOUT A JURY.
8.3 Extent and Enforceability of Waiver Terms
Any dispute, claim, or argument asserting that any waiver provision set forth in this section—including claims that such waivers are invalid, void, voidable, unconscionable, or otherwise unenforceable—shall be determined exclusively by a court of competent jurisdiction and not by an arbitrator, notwithstanding any contrary provision in these Terms or any applicable arbitration agreement.
9. Miscellaneous
9.1 Governing Law and Jurisdiction
These Terms shall be governed by and interpreted in accordance with the laws of the state in which BlueCollarTelevision is organized, United States, without regard to any conflict of laws principles that might otherwise apply the laws of another jurisdiction. Notwithstanding the foregoing, nothing in these Terms is intended to limit, restrict, or waive any consumer protection rights that you may be entitled to under the mandatory laws of your jurisdiction of residence, to the extent such rights cannot be lawfully waived or modified.
9.2 Treatment of Unsolicited Submissions
BCTV does not accept or consider unsolicited submissions, including but not limited to ideas, concepts, proposals, content, or materials related to programming, features, or services. BCTV is not responsible for any similarities between its content, products, or services and any materials or ideas submitted by users or third parties. If you choose to submit any unsolicited materials or ideas to BCTV, you do so voluntarily and with the understanding that no compensation, consideration, or obligation of any kind will be provided to you. By submitting such materials, you expressly waive any and all claims against BCTV and its affiliates arising out of or relating to the use, reproduction, or development of any content, features, or ideas that may be identical or substantially similar to those you submitted.
9.3 Feedback License and Use
BCTV may freely use, reproduce, disclose, modify, adapt, and otherwise exploit any comments, suggestions, ideas, concepts, reviews, techniques, or other materials you submit or communicate to BCTV ("Feedback"), including through Platform interactions, postings, or any other means, for any purpose and in any manner, worldwide and in perpetuity, without any obligation to provide compensation, attribution, or acknowledgment to you. To the fullest extent permitted by applicable law, you also agree to waive and not assert any moral rights or similar rights in or to such Feedback.
9.4 Support Services and User Assistance
For additional information regarding the BCTV Platform, its features, or for assistance with your account, you may contact BCTV through the support or contact channels made available on the Platform. In the event of any inconsistency or conflict between these Terms and any information or guidance provided by customer support representatives or other materials on the Platform, these Terms shall govern and control.
9.5 Severability and Survival
If any provision of these Terms is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be deemed severed from these Terms and shall not affect the validity, legality, or enforceability of the remaining provisions, all of which shall continue in full force and effect to the maximum extent permitted by applicable law.
9.6 Updates to Terms and Transfer of Rights
BCTV reserves the right to modify, update, or revise these Terms at any time in its sole discretion. Any such changes will become effective immediately upon posting or as otherwise specified; however, for existing users, material changes will generally take effect no sooner than thirty (30) days after notice has been provided, unless a different effective date is stated. Your continued use of the BCTV Platform after such changes become effective constitutes your acceptance of the revised Terms. BCTV also reserves the right to assign, transfer, or delegate its rights and obligations under these Terms, in whole or in part, to any affiliate or to any entity that acquires or succeeds to all or substantially all of BCTV's business, assets, or operations related to the Platform, without prior notice or consent.
9.7 Force Majeure and Uncontrollable Events
The BCTV Platform, including any content, features, or services, may be unavailable, delayed, or disrupted from time to time due to events or circumstances beyond BCTV's reasonable control. Such events may include, without limitation, power failures, server outages, system malfunctions, acts or omissions of third parties (including internet service providers, hosting providers, or network operators), acts of war, terrorism, civil unrest, strikes, labor disputes, natural disasters, governmental actions, or any other unforeseen events or conditions beyond BCTV's control. While BCTV may make reasonable efforts to provide advance notice of such disruptions where practicable, BCTV shall not be liable for any failure or delay in performance resulting from such events.
9.8 Consent to Electronic Communications
BCTV will provide all communications related to your account—including, but not limited to, payment confirmations, billing statements, account updates, changes to contact information or Payment Methods, service notifications, and legal notices—in electronic form only. By using the BCTV Platform, you consent to receive such communications electronically and agree that all notices, agreements, disclosures, and other communications delivered by BCTV in electronic format satisfy any legal requirement that such communications be provided in writing.
10. Mandatory Arbitration and Dispute Resolution
THIS SECTION IS REFERRED TO AS THE "ARBITRATION AGREEMENT" AND SHOULD BE REVIEWED CAREFULLY, AS IT AFFECTS YOUR LEGAL RIGHTS. BY AGREEING TO THESE TERMS, YOU ACKNOWLEDGE THAT YOU MAY BE REQUIRED TO RESOLVE CERTAIN DISPUTES WITH BCTV THROUGH BINDING ARBITRATION RATHER THAN IN A COURT OF LAW, AND THAT YOU MAY BE WAIVING YOUR RIGHT TO FILE A LAWSUIT OR PARTICIPATE IN CLASS OR REPRESENTATIVE ACTIONS. ARBITRATION DOES NOT INVOLVE A JUDGE OR JURY, AND THE PROCEDURES FOR DISCOVERY AND APPEAL MAY BE MORE LIMITED THAN THOSE AVAILABLE IN COURT PROCEEDINGS. YOU MAY HAVE A LIMITED PERIOD OF TIME TO OPT OUT OF THIS ARBITRATION REQUIREMENT, AS FURTHER DESCRIBED IN THESE TERMS.
In the event of any dispute, claim, or disagreement arising between you and BCTV, both parties agree to make a good faith effort to resolve such matters amicably, efficiently, and fairly. BCTV's dispute resolution framework is designed to encourage cooperative resolution through an initial informal process, which may include direct communication and good faith negotiation. If a dispute cannot be resolved through these informal efforts within a reasonable period of time, the matter shall proceed to binding arbitration in accordance with this Arbitration Agreement.
10.1 Extent and Applicability of Arbitration Agreement
This Arbitration Agreement applies to any dispute, claim, or controversy ("Dispute") arising between you and BCTV, except for those expressly excluded elsewhere in these Terms. The term "Dispute" shall be interpreted broadly and includes any claim arising under contract, tort, statute, fraud, misrepresentation, or any other legal or equitable theory, including disputes relating to the validity, enforceability, or scope of this Arbitration Agreement or any portion thereof. This Arbitration Agreement, and any Disputes arising under or relating to it, shall be governed by the Federal Arbitration Act (9 U.S.C. § 1 et seq.) and applicable federal arbitration law.
Notwithstanding the foregoing, certain categories of disputes are excluded from the requirement to resolve claims through arbitration. These exceptions include: claims that may be brought on an individual basis in small claims court; actions pursued through governmental or regulatory agencies where permitted by applicable law; proceedings to enforce, confirm, or challenge a prior arbitration award or decision; requests for temporary or preliminary injunctive relief in a court of law to preserve the status quo pending arbitration; claims involving intellectual property rights, including infringement, piracy, or unauthorized access to accounts; claims that are part of a class or collective action settlement from which you have validly opted out; disputes concerning the enforceability of provisions requiring arbitration on an individual rather than a class or representative basis; and any matters expressly reserved for determination by a court under this Arbitration Agreement or elsewhere in these Terms.
This Arbitration Agreement applies solely to Disputes as defined in these Terms and does not limit the ability of either you or BCTV to take independent or unilateral actions permitted under these Terms or applicable law. For example, you may terminate your account at any time without being required to initiate or participate in the dispute resolution process. Similarly, BCTV reserves the right, at its sole discretion, to suspend, restrict, or terminate your account or access to the Platform—such as in cases involving suspected violations of these Terms—without first engaging in arbitration or other dispute resolution procedures. However, if you disagree with any such action taken by BCTV, you may utilize the dispute resolution process outlined in these Terms to seek review or challenge the decision.
In the event that any dispute between you and BCTV includes both claims that are subject to arbitration and claims that are not, the arbitrable portions of the dispute shall be resolved first through binding arbitration in accordance with this Arbitration Agreement. The parties agree that any non-arbitrable claims shall be stayed, paused, or otherwise held in abeyance by the applicable court pending the completion of the arbitration proceedings.
10.2 Informal Resolution
In the event of any dispute, claim, or controversy between you and BCTV, both parties agree to first attempt to resolve the matter through an informal resolution process prior to initiating arbitration. This process begins when either party provides the other with a written "Notice of Dispute" that complies with the requirements set forth in these Terms. Upon receipt of a valid Notice of Dispute, you and BCTV agree to engage in good faith efforts to negotiate and resolve the dispute for a minimum period of thirty (30) days. This initial negotiation period is intended to facilitate a fair and efficient resolution without the need for formal proceedings and is referred to as the "Informal Resolution" process.
To initiate the informal dispute resolution process, you must submit a written Notice of Dispute to BCTV using the contact channels listed on our Contact page, and BCTV will send any such notice to you using the contact information associated with your account. Any Notice of Dispute, whether submitted by you or BCTV, must include the sender's full name, mailing address, and other relevant contact information, the account-related contact details, a detailed and complete description of the nature of the dispute, and a clear statement of the relief or resolution being sought. You may choose to be represented by legal counsel during the informal resolution process; however, you agree to personally participate in good faith settlement discussions if reasonably requested by BCTV.
Neither party may commence arbitration unless a complete and compliant Notice of Dispute has been properly submitted, both parties have engaged in good faith efforts to resolve the matter through the Informal Resolution process, and the applicable informal resolution period has fully elapsed. If either party initiates arbitration without satisfying these requirements, any dispute regarding the sufficiency of the Notice or compliance with these procedural obligations shall be determined exclusively by a court of competent jurisdiction and not by an arbitrator. A court of competent jurisdiction may also prohibit or enjoin the initiation of arbitration proceedings that do not comply with these requirements and may require the party initiating such non-compliant arbitration to reimburse the opposing party for any arbitration-related fees and costs incurred prior to such enforcement. All applicable statutes of limitation and similar time-based defenses shall be deemed suspended, tolled, or otherwise paused beginning on the date that a valid and compliant Notice of Dispute is properly submitted in accordance with these Terms, and shall remain tolled for the duration of the Informal Resolution process.
10.3 Small Claims Court
Notwithstanding the requirement to resolve certain disputes through arbitration, you and BCTV agree that any dispute that qualifies for resolution in a small claims court may be brought as an individual action in the appropriate small claims court located in your county or jurisdiction of residence. While BCTV encourages the use of the Informal Resolution process as an initial step toward resolving disputes, and such process is required prior to initiating arbitration, you are not required to complete the Informal Resolution process before filing a claim in small claims court where such court has proper jurisdiction.
10.4 Governing Arbitration Rules and Forum Selection
THE ARBITRATION PROCEEDINGS DESCRIBED IN THIS SECTION SHALL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. UNDER NO CIRCUMSTANCES SHALL BCTV AGREE TO OR PERMIT ANY DISPUTE TO BE ARBITRATED ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS, REGARDLESS OF WHETHER THE ARBITRATION PROVIDER ALLOWS SUCH PROCEDURES.
You and BCTV agree that all Disputes shall be resolved exclusively through binding, individual, and confidential arbitration administered by JAMS, in accordance with the Federal Arbitration Act, applicable federal arbitration law, and the JAMS Streamlined Arbitration Rules and Procedures (collectively, the "JAMS Rules"), available at https://www.jamsadr.com/adr-rules-procedures, as modified by this Arbitration Agreement. The arbitrator will apply this Arbitration Agreement and all other applicable contractual terms as a court would and will adjudicate any Disputes according to applicable law and fact, based only upon the record before the arbitrator.
If JAMS is unwilling or unable to administer the arbitration, you and BCTV shall jointly select a replacement arbitration provider. If no agreement can be reached, either party may petition a court of competent jurisdiction under 9 U.S.C. § 5 to appoint an arbitrator. Any dispute concerning the selection of the arbitration forum shall be decided solely by a court of competent jurisdiction, and not by any arbitrator or arbitration administrator, and all arbitration proceedings shall be suspended until such determination is made.
"Arbitration" means that all Disputes between you and BCTV will be decided by a neutral arbitrator in a binding arbitration proceeding, and not by a judge or jury in a court of law.
"Individual" means that the arbitrator is authorized to award the same forms of relief that a court could provide, but only as necessary to resolve your individual claims or BCTV's individual claims. To the fullest extent permitted by law, the arbitrator may not grant relief, damages, or remedies on behalf of or for the benefit of any third party or non-participant.
"Binding" means that both you and BCTV agree to be bound by the arbitrator's final decision, except to the limited extent that judicial review is permitted under the Federal Arbitration Act. Subject to the FAA, this Arbitration Agreement, and applicable arbitration rules, the arbitrator shall have exclusive authority to decide all issues—procedural and substantive—including the scope, validity, and arbitrability of any Dispute, and to award any relief available in court. Any award may be entered and enforced in any court of competent jurisdiction.
"Confidential" means that you and BCTV agree to maintain strict confidentiality over all arbitration proceedings, including discovery materials, hearings, filings, and rulings, to the maximum extent allowed by applicable law.
Either you or BCTV may commence arbitration of any Dispute not resolved through Informal Resolution by filing a Demand for Arbitration with JAMS pursuant to the applicable JAMS Rules. Instructions for filing a demand are available at https://www.jamsadr.com/submit. The Demand for Arbitration filed with JAMS must contain the complete contact information of the initiating party; a detailed statement of all claims and supporting facts; a description of the relief requested, including a precise, good-faith calculation of the amount in controversy in U.S. dollars (excluding non-monetary relief unless it seeks payment); and the signature of the initiating party. You must send any Demand for arbitration to BCTV at the mailing address listed on our Contact page. BCTV will send any Demand for arbitration to the contact information that BCTV has on file for you.
10.5 Arbitration Process and Rules
All arbitration proceedings shall be conducted before a single arbitrator appointed in accordance with the JAMS Rules. JAMS will present a panel of qualified arbitrator candidates with experience appropriate to the dispute. The arbitrator shall be governed by the JAMS Rules and the terms of this Arbitration Agreement. The parties agree that the arbitration shall be conducted exclusively in English and that any requested translation services shall be paid for by the requesting party unless the arbitrator orders otherwise based on financial hardship.
For Disputes seeking less than $10,000 USD, the arbitrator shall decide the matter exclusively on written submissions without a formal hearing, unless the arbitrator determines that a hearing is warranted. For Disputes involving $10,000 USD or more, or where the arbitrator otherwise requires, hearings shall be conducted by video or telephone unless an in-person proceeding is deemed necessary. If an in-person hearing is required and you reside within the United States, the hearing shall take place in the county of BCTV's principal place of business, unless the arbitrator determines that such location would impose a financial hardship, in which case the hearing may be conducted in the claimant's local jurisdiction. For claimants residing outside the United States, the location of any in-person hearing shall be determined pursuant to the applicable JAMS Rules.
The arbitrator is authorized to issue orders, including subpoenas to third parties where permitted by law, to facilitate limited discovery necessary for each party to prepare its claims and defenses, with due regard for the amount in controversy and the requirement that arbitration remain efficient and cost-effective. The arbitrator shall have full authority to rule on dispositive motions that may resolve all or part of any Dispute and shall conduct the proceedings in a manner that ensures the prompt and efficient resolution of the matter.
Unless otherwise agreed by you and BCTV, the arbitrator shall issue a written decision or award that clearly resolves each claim and includes the underlying rationale, including the arbitrator's essential findings of fact and conclusions of law. To the maximum extent permitted by applicable law, the arbitrator is authorized to award only such legal or equitable relief as is necessary to resolve the individual claims of you or BCTV, and only to the extent supported by credible, relevant evidence. Any arbitration award, and any judgment confirming it, shall be limited strictly to the specific dispute at issue and shall not be used, cited, or relied upon as precedent in any other proceeding, except for purposes of enforcing that award. Any arbitration decision or award may be entered and enforced as a final judgment in any court of competent jurisdiction.
10.6 Fees and Costs
This section applies solely to individuals who meet the definition of a "Consumer" under the JAMS Rules or applicable law. For all other parties, responsibility for arbitration fees and costs shall be determined strictly in accordance with the JAMS Rules.
If you are deemed a Consumer and initiate arbitration against BCTV, you shall be required to pay the applicable JAMS consumer filing fee. If the total amount in dispute is less than $5,000 USD and you establish to JAMS that payment would result in financial hardship, BCTV will pay the portion of the filing fee that JAMS determines you are unable to pay. If BCTV initiates arbitration, BCTV will bear all filing fees. Any party electing to retain legal counsel shall be responsible for their own attorneys' fees and costs unless otherwise awarded under applicable law.
10.7 Requirement of Good Faith
If the arbitrator finds that any claim, counterclaim, defense, or argument violates the standards established under Federal Rule of Civil Procedure 11, the non-violating party shall be entitled to recover its reasonable attorneys' fees, costs, and expenses incurred in defending against such conduct.
10.8 Time Limit for Filing Claims and Disputes
To the maximum extent permitted by applicable law, any Notice of Dispute must be submitted by you or BCTV within two (2) years of the date the Dispute first arises, unless a shorter limitations period is required by law. If a Notice of Dispute is not submitted within the applicable timeframe, the Dispute shall be permanently barred, and both you and BCTV waive any right to bring or pursue such claim in any forum.
10.9 Limited 30-Day Opt-Out Period
You may elect to opt out of this Arbitration Agreement and avoid being bound by its provisions, but such opt-out does not apply to the separate class action waiver. To be effective, your opt-out must be submitted in writing to BCTV within thirty (30) days of the date you first become subject to this Arbitration Agreement, unless a longer period is mandated by law. The opt-out notice must include your full name, address, account-related contact information (if applicable), and an explicit statement of your intent to opt out, and must be submitted using the contact channels listed on our Contact page. The opt-out must be submitted personally by you, and not by any agent or representative, and may apply only to your individual account; any notice purporting to opt out multiple users shall be void as to all. If you opt out of this Arbitration Agreement, all remaining provisions of these Terms shall continue to apply. Your opt-out will apply retroactively to all prior versions and prospectively to all future versions of this Arbitration Agreement. In such circumstances, BCTV will not be bound by the Arbitration Agreement in any Dispute with you. However, you may still choose to pursue arbitration voluntarily, in which case you agree to be bound by all terms of this Arbitration Agreement.
IF YOU FAIL TO OPT OUT IN ACCORDANCE WITH THE INSTRUCTIONS SET FORTH IN THIS PARAGRAPH, YOU WILL BE REQUIRED TO RESOLVE DISPUTES THROUGH ARBITRATION PURSUANT TO THIS ARBITRATION AGREEMENT.
Once the initial 30-day opt-out period has passed, your ability to opt out is limited to future material modifications of the Arbitration Agreement, and any such opt-out must be submitted in writing within thirty (30) days following BCTV's notice of those changes, unless a longer period is required by law. You will remain bound by the previously accepted version of the Arbitration Agreement.
10.10 Survival
This Arbitration Agreement shall survive the termination of your relationship with BCTV and remain fully enforceable until the expiration of all applicable statutes of limitation.
10.11 Modification
BCTV may update or revise this Arbitration Agreement at its sole discretion; however, with respect to any Dispute that has already arisen, BCTV shall not implement changes to this Agreement or the governing arbitration rules that would materially impair or disadvantage the claimant's rights. Any determination of whether a change is materially less favorable to the claimant shall be resolved by JAMS as a procedural matter.
10.12 Entire Agreement; Severability
This Arbitration Agreement represents the complete and exclusive agreement between you and BCTV concerning the resolution of Disputes. If any provision is found to be invalid, illegal, or unenforceable, that provision shall be severed, and all remaining provisions shall continue in full force and effect as though the invalid provision had never been included. Notwithstanding the foregoing, if the prohibition on class arbitration is held invalid, illegal, or unenforceable, then this entire Arbitration Agreement (excluding the separate class action waiver) shall be null and void, and all Disputes shall be resolved in court in accordance with the governing law and venue provisions set forth in these Terms.