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Arbitration At Chatous’s or your election, all disputes, claims, or controversies arising out of or relating to the Terms of Service or the Service that are not resolved by mutual agreement may be resolved by binding arbitration to be conducted before JAMS, or its successor. Unless otherwise agreed by the parties, arbitration will be held in San Francisco, California before a single arbitrator mutually agreed upon by the parties, or if the parties cannot mutually agree, a single arbitrator appointed by JAMS, and will be conducted in accordance with the rules and regulations promulgated by JAMS unless specifically modified in the Terms of Service. The arbitration must commence within forty-five days of the date on which a written demand for arbitration is filed by either party. The arbitrator’s decision and award will be made and delivered within sixty days of the conclusion of the arbitration and within six months of the selection of the arbitrator. The arbitrator will not have the power to award damages in excess of the limitation on actual compensatory, direct damages set forth in the Terms of Service and may not multiply actual damages or award punitive damages or any other damages that are specifically excluded under the Terms of Service, and each party hereby irrevocably waives any claim to such damages. The arbitrator may, in his or her discretion, assess costs and expenses (including the reasonable legal fees and expenses of the prevailing part) against any party to a proceeding. Any party refusing to comply with an order of the arbitrators will be liable for costs and expenses, including attorneys’ fees, incurred by the other party in enforcing the award. Notwithstanding the foregoing, in the case of temporary or preliminary injunctive relief, any party may proceed in court without prior arbitration for the purpose of avoiding immediate and irreparable harm. The provisions of this arbitration section will be enforceable in any court of competent jurisdiction. Repeat Infringer Policy In accordance with the DMCA and other applicable law, Chatous has adopted a policy of terminating, in appropriate circumstances and at Chatous's sole discretion, users who are deemed to be repeat infringers. Chatous may also at its sole discretion limit access to the Service and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
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One month later there were 50,000. The site has been featured in The New York Times, The New Yorker, New York magazine, and on Good Morning America, Newsnight in the United Kingdom, Tosh. 0, and The Daily Show with Jon Stewart. In February 2010, about 35,000 people were on Chatroulette at any given time. Around the beginning of March, Ternovskiy estimated the site to have around 1. 5 million users, around 33% of them from the United States and 5% from Germany. Ternovskiy built the site on an old computer he had in his bedroom. The site initially had 20 users, and then it doubled daily for a period, according to Ternovskiy in 2010. He discusses that he did not advertise or post his site anywhere; in fact, people starting talking about the website and knowledge of it gradually spread by word of mouth. As the number of active users grew, Ternovskiy has had to rewrite the entire code to cope with the load, the management of which being the most challenging part of his project. Despite the expansion of the service, he still codes everything on his own.
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