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In addition, if you, Zynga, or a Zynga Corporate Family member brings a claim in court that should be arbitrated, or any party refuses to arbitrate a claim that should be arbitrated, any other party can ask a court to force the parties to go to arbitration to resolve the claim (i.e., compel arbitration). You, Zynga, or the Zynga Corporate Family member may also ask a court to halt a court proceeding (i.e., stay the court proceedings) while an arbitration proceeding is ongoing.

The American Arbitration Association (“AAA”) will control any arbitration between you and Zynga or the Zynga Corporate Family member, and AAA’s then-current rules and procedures, including the Supplementary Procedures for Consumer-Related Disputes, will be used. You can look at AAA’s rules and procedures on their website at www.adr.org . If something in these Terms is different from AAA’s rules and procedures, then the parties agree to follow these Terms instead.

To start an arbitration proceeding, use the form on AAA’s website ( www.adr.org ).

If you reside outside of the United States, arbitration may take place in the county where you reside at the time of filing. If you reside in the United States, arbitration shall be initiated in the State of California, United States of America. You and Zynga further agree to submit to the personal jurisdiction of any federal or state court in San Francisco County, California in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

If your claim is for ten thousand dollars ($10,000) or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds ten thousand dollars ($10,000), the right to a hearing will be determined by the AAA Rules.

Payment of all filing, administration, and arbitrator costs and expenses imposed by AAA will be governed by the AAA rules, provided that if you are initiating an arbitration against Zynga or a member of the Zynga Corporate Family and the value of the relief sought is ten thousand dollars ($10,000) or less, then Zynga will advance all filing, administrative, and arbitration costs and expenses imposed by AAA (subject to reimbursement as set forth below). If the circumstances in the preceding sentence apply, but the value of relief sought is more than ten thousand dollars ($10,000) and you demonstrate to the arbitrator that such costs and expenses would be prohibitively more expensive than a court proceeding, then Zynga will pay the amount of any such costs and expenses that the arbitrator determines are necessary to prevent the arbitration from being prohibitively more expensive than a court proceeding (subject to reimbursement as set forth below). In the event that the arbitrator determines that all of the claims you assert in arbitration are frivolous according to Federal Rule of Civil Procedure 11, you agree to reimburse Zynga for all such cost and expenses that Zynga paid and that you would have been obligated to pay under the AAA rules.

These limitations/exclusions to do not apply to users located in the EEA. For those users, if Zynga fails to comply with these Terms, Zynga is responsible for loss or damage you suffer that is a foreseeable result of Zynga’s breach of these Terms or is a result of Zynga’s negligence, but Zynga is not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and Zynga at the time we entered into these Terms.

If you are having a problem with the Services, many issues can be resolved on one of our player forums.

Before bringing a formal legal case, you must first contact our Customer Support team at https://www.zynga.com/support . In the event that you and Zynga can’t resolve the dispute through Customer Service, you and Zynga both agree to arbitrate as described below.

By voluntarily accepting these Terms (and in many of our Services by voluntarily clicking or tapping an in-game button to affirmatively indicate your agreement to these Terms), you, Zynga, and any member of the Zynga Corporate Family all agree to resolve any claims relating to the Terms, Feature Terms, Community Rules, your relationship with us, or Zynga’s Services, through final and binding arbitration. This applies to all claims under any legal theory, unless the claim fits within the Exceptions to Agreement to Arbitrate identified below. This agreement to arbitrate also applies even after you stop using your Zynga account or delete it. (In this Section 15 and in Section 17, you, Zynga, and any member of the Zynga Corporate Family may be referred to individually as “a party” or collectively as “the parties.”)

you, Zynga, and any member of the Zynga Corporate Family all agree to resolve any claims relating to the Terms, Feature Terms, Community Rules, your relationship with us, or Zynga’s Services, through final and binding arbitration.

An arbitration proceeding is before a neutral arbitrator instead of a judge and jury, so by voluntarily accepting these Terms, you, Zynga, and any member of the Zynga Corporate Family all agree to give up the right to a trial before a judge and jury. Arbitrations have different rules from lawsuits in court. They are less formal than lawsuits in courts and provide limited opportunities to force the other side to share information relevant to the dispute—a process called discovery. The arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. But, if any party does not like the arbitrator’s decision, the courts only have a limited ability to change the outcome of arbitration or make the arbitrator reconsider his or her decision.

If any party disagrees about whether this agreement to arbitrate can be enforced or whether it applies to the dispute, the parties all agree that the arbitrator will decide that, too.

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By Sarah Toy

Published: July 3, 2018 2:32 p.m. ET

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27% of consumers in a Cowen survey said they used Netflix most often to watch video, more than cable, broadcast or YouTube

Reporter

U.S. consumers are using Netflix to watch video content more than any other platform, according to a survey of 2,500 people by financial firm Cowen Co.

In the survey, Cowen Co. asked respondents, “Which platforms do you use most often to view video content on TV?” Netflix Vetements Manolo Blahnik Backless Kitten Heeled Pumps vT84G
came in first with 27% of respondents saying they used the streaming giant most often. Next in line was basic cable with 20%, and broadcast came in third, with 18.1%.

Netflix is an especial favorite with younger viewers, analysts at Cowen Co. said. Almost 40% of respondents aged 18 to 24 years old said they used Netflix most often to view video content, 23% more than Alphabet-owned GOOGL, -2.26% YouTube, which was second among young respondents.

Even when Cowen Co. excluded people who had never used cable and those who had dropped their cable subscriptions, Netflix still came in second with 24%, just under basic cable with 26%.

The survey “highlights the importance of Netflix in the home, particularly among millennials,” wrote Cowen Co. senior research analyst John Blackledge.

In case you missed it: Why Amazon, Netflix and Tesla shares may get an extra bump until the end of June

In case you missed it:

Also: Netflix stock surges above $400 in falling market as three analysts raise price targets

Netflix shares have performed well as the streaming giant gains more subscribers and invests heavily in content, with shares more than doubling in price so far this year. Investors remain bullish about its prospects and are expecting strong results when the company reports its second-quarter earnings on July 16.

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