This "Arbitration Agreement", which is governed by the Federal Arbitration Act (9 U.S.C. § 1 et seq.), is intended to be as broad as legally permissible, and, except as it otherwise provides, applies to all claims or controversies, past, present, or future, that otherwise would be resolved in a court of law or before a forum other than arbitration, and applies to any claim Shutterstock has against you or any claim you have against Shutterstock, and/or its agents and employees—all of whom or which may enforce this Arbitration Agreement. All disputes covered by this Arbitration Agreement will be resolved by final and binding arbitration and not by way of court or jury trial.
Any controversy or claim arising out of or relating to this TOS, or the breach thereof, and/or the Shutterstock Websites shall be settled by binding individual (not class) arbitration administered under the then current Commercial Arbitration Rules of the American Arbitration Association ("AAA Rules") (the AAA Rules are available via the internet at www.adr.org/commercial or by using a service such as Google to search for "AAA Commercial Arbitration Rules".); provided however, that if there is a conflict between the AAA Rules and this Arbitration Agreement, this Arbitration Agreement shall govern.
As stated below, the relationship of the parties is that of independent contractor. There is no relationship of partnership, joint venture, employment, franchise or agency created hereby between the parties. To the extent, however, you allege any employment relationship between you and Shutterstock, any such claim or dispute arising out of or related to such claim, including without limitation, claims or disputes arising out of or related to your application and selection for alleged employment, alleged employment, and/or termination of alleged employment shall also be subject to arbitration and is covered under this Arbitration Agreement, and including without limitation, statutory and common law claims for wages, overtime and other compensation or monies due, and claims for discrimination, harassment, or retaliation. Any claims alleging an employment relationship shall be administered by the American Arbitration Association, and except as provided in this Arbitration Agreement, will be under the then current Employment Arbitration Rules of the AAA ("AAA Employment Rules") (the AAA Employment Rules are available via the internet at www.adr.org/employment or by using a service such as Google to search for "AAA Employment Arbitration Rules".); provided however, that if there is a conflict between the AAA Employment Rules and this Arbitration Agreement, this Agreement shall govern.
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the validity, applicability, enforceability, unconscionability or waiver of this Arbitration Agreement, including, but not limited to any claim that all or any part of this Agreement is void or voidable. However, the preceding sentence does not apply to the Class Action Waiver, and any dispute relating to the validity, applicability, enforceability, unconscionability or waiver of the Class Action Waiver may only be decided by a court of competent jurisdiction and not by an arbitrator.
Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets. Unless prohibited by applicable law, the place of arbitration shall be the state and county of New York; except for claims alleging and or arising out of or related to any alleged employment relationship, which shall be conducted in or near the location and in the state where you reside. There shall be one arbitrator selected under the applicable AAA Rules. Unless prohibited by applicable law or the applicable AAA Rules, each party shall bear its own costs in the arbitration, and any disputes regarding apportionment of fees and costs shall be decided by the arbitrator. This Arbitration Agreement does not apply to any disputes that an applicable federal statute expressly states cannot be arbitrated or subject to a pre-dispute arbitration agreement.Both parties agree that the following claims are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction: (i) any claim related to actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; and (ii) any claim seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack). This arbitration provision will survive termination of this TOS.
You and Shutterstock agree to resolve any claims through binding individual arbitration and not through litigation.