We have updated our Terms of Use to include an arbitration agreement, which requires any existing or future disputes between you and us to be resolved through arbitration.
WHAT IS ARBITRATION?
Arbitration is a form of alternative dispute resolution that has gained recognition around the world as an alternative to court litigation. In arbitration, a neutral person called an “arbitrator” hears arguments and evidence from each side and then decides the outcome of the dispute. Arbitration is less formal than a court trial, and the rules of evidence are often relaxed. You can find out more about arbitration from this primer. If you have questions about arbitration or the legal effect of the Terms of Use, you may contact an attorney for advice.
A binding arbitration agreement between parties means that all disputes between parties need to be resolved through arbitration. While the courts have some supervisory powers over the arbitration process, it generally means that both parties will not be able to pursue claims in court but will need to do so via arbitration. This includes restraining a party from joining a class action including an existing class action in Ade, et al. v. Viki, Inc., N.D.Cal. Case No. 3:23-cv-02161 (you may find more details on this particular matter below).
CAN I OPT-OUT OF THE ARBITRATION AGREEMENT?
If you created an account with us before 30 September 2024, you can opt out of arbitration by following the process below. Note that for the opt-out to be valid, you will need to exercise your opt-out within 30 days from the earlier of our email notifying you of the updated Terms of Use or you being notified of the update via an on-platform message on the Viki Service.
HOW TO OPT OUT OF THE ARBITRATION AGREEMENT?
For users who have created an account with us before 30 September 2024, you may opt out of the arbitration agreement by completing the form here. In the form, please provide your email address that is currently linked to your Viki account. Note that an email confirming your submission of the opt-out form will be sent to this email address. To find out how to locate your email address on Viki, please refer to this page here. If you wish to update your email address linked to your Viki account, please refer to this page here and do so before submitting the form. With respect to the “Subject” and “Description” fields, you may input “Not Applicable” (or whatever else you prefer) as this will be disregarded and will not affect the processing of your opt-out. We will process only your email address for the opt-out. Do note that this means that we will disregard and not reply to any responses or questions in the “Subject” and “Description” fields or any attachments. If you have any queries regarding the arbitration agreement, opt-out process, or Terms of Use generally, please refer to our FAQ page here or submit a separate request here.
For the opt-out to be valid, please ensure that you:
- submit the completed form within 30 days from the earlier of our email notifying you of the updated Terms of Use or you being notified of the update via an on-platform message on the Viki Service; and
- provide the email address that is currently linked to your Viki account in the form submitted.
Upon submitting the opt-out form, you will receive an email confirming the submission. If your submission meets the requirements above, you will be opted-out. Please do not reply to the confirmation email as this is an automated email and any reply will not be received by our agents.
PENDING LITIGATION IN ADE, ET AL. V. VIKI, INC., ND CAL. CASE NO. 3:23-CV-02161
The updated dispute resolution and arbitration provisions apply to the pending class action litigation against us in Ade, et al. v. Viki, Inc., N.D.Cal. Case No. 3:23-cv-02161, which was filed in the US District Court for the Northern District of California on 3 May 2023. In the lawsuit, the Plaintiffs seek to represent our registered users in the United States from 1 January 2013 to present, in relation to a claim for damages for alleged violation of the Video Privacy Protection Act. Additional information can be found in the Court’s public records. The Court has not decided on the outcome of the Plaintiffs’ claim or whether the lawsuit can proceed as a class action. If you do not opt out of the arbitration agreement within the 30-day time period, you cannot participate in the lawsuit.