Terms of Service
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Tellie.TV Terms of Service
IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN SECTION 14 BELOW
By signing up for, installing and using the App in any manner, you agree to these Terms of Service and all other rules, policies, and procedures that may be published from time to time through the App by us, each of which is incorporated by reference.
Certain of the Services, may be subject to additional terms and conditions specified by us from time to time; your use of such Services is subject to those additional terms and conditions, which are incorporated into these Terms of Service by this reference, including without limitation the Tellie.TV Official Contest Rules applicable to the Contest you are entering.
These Terms of Service apply to all users of the Services, including, without limitation, users who are contributors of content, information, and other materials or services, registered or otherwise. ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW (SECTION 14), YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
You represent and warrant that you are an individual person at least 18 years old. If you are under age 18, you may not, under any circumstances or for any reason, use the Services. We reserve the right to verify your eligibility before, during, or after any contest. Employees, agents, and contractors (collectively, "employees") of Strimmerz and its respective parents, affiliates, subsidiaries, and advertising and promotion agencies and any other entity involved in the development or administration of its contests, and all persons residing in the same households as employees, including but not limited to immediate family members, are not eligible to win prizes in contests while the employee is employed or engaged by Strimmerz and for six months following the employee’s last day working with or for Strimmerz. We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time before the beginning of a Contest.
You are solely responsible for ensuring that these Terms of Service comply with all laws, rules, and regulations applicable to you. You are not permitted to access or use the Services from a location where these Terms of Service or use of the Services is prohibited, or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation. Further, the Services are offered only for your use, and not for the use or benefit of any third party. You are not eligible for our contests if you violate any provision of these Terms of Service or the Tellie.TV Official Contest Rules, as determined in our sole discretion.
To sign up for the Services, we may require you to register for an Account on the Services (an “Account”) or another authentication mechanism (a “Third Party Account”). You must provide accurate and complete information and keep your Account information updated. If you provide any information that is inaccurate, not current or incomplete, or Strimmerz has reasonable grounds to suspect that such information is inaccurate, not current or incomplete, Strimmerz may deny you access to contests, areas requiring registration, disqualify you from contests, revoke Prizes, and/or terminate your Account, at its sole discretion.
You shall not: (a) select or use as a username a name of another person with the intent to impersonate that person; (b) use as a username a name subject to any rights of a person other than you without appropriate authorization; or (c) use, as a username, a name that is otherwise offensive, vulgar or obscene.
You are solely responsible for the activity that occurs on your Account, and for keeping your Account password secure and login credentials. You may never use another person’s user Account or registration information for the Services without permission. You must notify us immediately of any change in your eligibility to use the Services, breach of security or unauthorized use of your Account. You should never publish, distribute or post login information for your Account. You can delete your Account, either directly or through a request made to one of our employees or affiliates.
You may establish, maintain, use and control only one Account on the Service. Each Account on the Service may only be owned, maintained, used and controlled by one individual. For the avoidance of doubt, users may not “co-own” accounts on the Service. If Strimmerz determines that you have opened, maintained, used or controlled more than one Account, in addition to any other rights that Strimmerz may have, Strimmerz may suspend or terminate any or all of your accounts and terminate, withhold or revoke the awarding of any Prizes.
Each year all winners over the previous year may be required to provide updated address and social security (or other tax identification number) details to Strimmerz. These details will be used to allow Strimmerz to comply with tax regulations and may be shared with appropriate tax authorities. You, not Strimmerz, are responsible for filing and paying applicable state and federal taxes on any winnings. Strimmerz does not provide tax advice, nor should any statements in this Agreement or on the Service be construed as tax advice.
We may offer bonuses to new users and for other marketing purposes, such as a referral program (“Referral Program”). Users may be able to earn Goods (as defined below) or other prizes (“Referral Program Rewards”) by inviting their eligible friends to register as new Strimmerz users (“Newly Referred Users”) using a unique referral code (“Referral Program Codes”). Certain Referral Program Rewards may be provided based upon the participation and performance of the Newly Referred Users. Referral Program Codes must be used for the intended audience and purposes, and may not be sold or transferred in any manner or made available to the general public (whether posted to a public forum or otherwise), unless expressly permitted by Strimmerz. Except as permitted by Strimmerz, Referral Program Rewards are non-transferrable, may not be resold, and are not redeemable for cash or other consideration. Strimmerz reserves the right to limit the number of Newly Referred Users a given user can earn Referral Program Rewards from. If a user fails to login to the App for 60 consecutive days, any Referral Program Rewards provided to that user will be considered forfeited and Strimmerz may, at its option and sole discretion, choose to remove the Referral Program Rewards from the user’s account. You agree we may change the terms and conditions of the Referral Program, terminate the Referral Program, or expire, deduct, limit, or modify your Referral Program Rewards at any time for any reason, including but not limited to, the event that Strimmerz determines or believes that your participation in the Referral Program or use or redemption of Referral Program Codes was in error, fraudulent, illegal, or otherwise in violation of these Terms. You can learn more about the Referral Program here.
You understand that all Content made available on the Service by a user (“User Content”), including but not limited to profile information and communications with other users, whether privately transmitted or made publicly available, is the sole responsibility of the person from which such User Content originated. You, not Strimmerz, are entirely responsible for all User Content that you upload, post, share, email, transmit, or otherwise make available via the Service. Under no circumstances will Strimmerz be liable in any way for any User Content.
You acknowledge that Strimmerz may or may not pre-screen User Content, but that Strimmerz and its designees have the right (but not the obligation) in their sole discretion to pre-screen, refuse, permanently delete, undelete, modify and/or move any User Content available via the Service. Without limiting the preceding, Strimmerz and its designees shall have the right to remove any User Content that violates these Terms or is otherwise objectionable in Strimmerz's sole discretion. You understand that by using the Service, you may be exposed to User Content that you may consider to be offensive or objectionable. You agree that you must evaluate, and bear all risks associated with, the use or disclosure of any User Content. You further acknowledge and agree that you bear the sole risk of reliance on any Content available on or through the Service.
With respect to User Content you submit or otherwise make available on or to the Service, you grant Strimmerz an irrevocable, fully sublicensable, perpetual, worldwide, royalty-free, non-exclusive license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such User Content (in whole or in part), and to incorporate such User Content into other works, in any format or medium now known or later developed. You are solely responsible for your interactions with other users of the Service. Strimmerz reserves the right but has no obligation, to monitor disputes between you and other users.
YOU ACKNOWLEDGE AND AGREE THAT, OTHER THAN ANY LICENSE GRANTED TO YOU BY THESE TERMS, YOU SHALL HAVE NO OWNERSHIP OR PROPERTY INTEREST IN ANY OF OUR SERVICES, INCLUDING WITHOUT LIMITATION ACCOUNTS OR GOODS.
5. Rules of Conduct.
As a condition of use, you promise not to use the Services for any purpose that is prohibited by these Terms of Service. You are responsible for all of your activity in connection with the Services. Violation of our rules may result in the termination and cancellation of your Account and forfeiture of your winnings. You acknowledge and agree that we may terminate any Tellie.TV Account at any time for any reason (including, but not limited to, our independent assessment or the receipt of claims or allegations from third parties or authorities).
By way of example, and not as a limitation, you shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through the Service, including without limitation any User Content, that:
5.1. Infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty, including but not limited to, facilitating the rebroadcast of the Tellie.TV Services (see our DMCA Copyright Policy in Section 15 below);
5.2. uses the Services for any unauthorized purpose, or in violation of any applicable law, including intellectual property laws;
5.3. uses screen reader technology, algorithms, or any other automated technological means to interpret, analyze, research, or gain information about a question or submit an answer to a question;
5.4. you know is false, misleading, untruthful or inaccurate, including, but not limited to, providing inaccurate contact, Account, or payment information;
5.5. illicitly manufactures Goods (as defined below) or other benefits by providing inaccurate information, buying or selling such benefits, creating multiple accounts, or other means;
5.6. transfers or sells Goods to another user;
5.7. uses Goods or other benefits in ways not permitted by these Terms or the applicable Tellie.TV Official Contest Rules;
5.8. results in the creation or operation of multiple user accounts;
5.9. creates multiple entries into contests, by any means, including multi-accounting;
5.10. logs an Account into multiple devices simultaneously;
5.11. logs an Account into more than five different devices over the course of the history of the Account;
5.12. logs multiple Accounts into a single device at the same time;
5.13. enters you into a contest for which you are not eligible, whether by multi-accounting, providing misleading information, masking or altering your IP address, or other means;
5.14. results in the sale or transfer of your Account;
5.15. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, otherwise violates any law or right of any third party, or is otherwise inappropriate as determined by us in our sole discretion;
5.16. constitutes unauthorized or unsolicited advertising, junk or bulk email (“spamming”);
5.17. contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party;
5.18. is designed or intended to obtain password, Account, or private information from any Tellie.TV user;
5.19. impersonates any person or entity, including any of our employees, representatives, or users;
5.20. links to affiliate programs, multi-level marketing schemes, sites repurposing existing stories or off-topic content; or
5.21. includes anyone’s identification documents or sensitive financial information.
You shall not: (i) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third-party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; (iii) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services); (iv) run any form of auto-responder or “spam” on the Services; (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the App without our express written permission; (vi) harvest or scrape any Content from the Services; or (vii) otherwise take any action in violation of our guidelines and policies.
You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services (including without limitation any application), except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Services, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.
We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Service, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of us, our users and the public. If for any reason the Service is not running as originally planned (e.g., if it becomes corrupted or does not allow the proper usage and processing of entries in accordance with the rules, or if infection by a computer virus, bugs, tampering, unauthorized intervention, actions by entrants, fraud, technical failures, or any other causes of any kind, in the sole opinion of Strimmerz corrupts or affects the administration, security, fairness, integrity or proper conduct of the Service), Strimmerz reserves the right, in its sole discretion, to disqualify any individual implicated in or relating to the cause and/or to cancel, terminate, extend, modify or suspend the Service, and select the winner(s) from all eligible entries. If such cancellation, termination, modification or suspension occurs, the notification may be posted on the Site.
6. Payment Terms and Goods.
Through the App, you may be able to purchase (“In-App Purchases”), earn, be rewarded with, or otherwise procure certain virtual goods and items designed to enhance the performance of the Services (“Goods”) including, without limitation, items that permit you to marginally improve scores, gain a second chance, or virtual currencies. When you purchase Goods, you are doing so through either Apple iTunes service or the Google Play service, and by purchasing, you agree to their respective Terms and Conditions. (http://www.apple.com/legal/internet-services/itunes/us/terms.html; http://play.google.com/intl/en_us/about/play-terms.html). If you are unsure about your rights in purchases made through either service, you should check with your respective service before making a purchase.
All payment related requests should be directed to Apple or Google through their respective service, and are subject to their respective Terms and Conditions. We are not a party to any In-App Purchases. Termination and we have no obligation to, and cannot, provide refunds or credits. All sales of Goods are final. Charges paid by you are final and non-refundable, except as required by law.
You agree that Goods have no monetary value and cannot be exchanged for real money, real goods, or real services from us or anyone else. Goods are non-transferrable, may not be resold, and are not redeemable for cash or other consideration. You do not own Goods, but instead you purchase a limited, personal, revocable license to use them. Any balance of Goods does not reflect any stored value. The use of Goods within the Services may be limited as described in the applicable Tellie.TV Contest Official Rules. We reserve the right to control, regulate, change, remove, expire, limit, or modify any Goods at any time without any liability to you. If your Account is cancelled for any or no reason, you may forfeit any pending, current, or future Goods and any other forms of unredeemed value in or associated with your Account without prior notice to you.
We may revise the pricing for Goods offered through the Services at any time. We may limit the total amount of Goods that may be purchased at any one time, and/or limit the total amount of Goods that may be held in your Account in the aggregate. You are only allowed to obtain Goods from us or our authorized partners through the Services, and not in any other way.
All payments required by these Terms are stated exclusive of all taxes, duties, levies, imposts, fines or similar governmental assessments, including sales and use taxes, value-added taxes, goods and services taxes, excise, business, service, and similar transactional taxes imposed by any jurisdiction and the interest and penalties thereon, excluding taxes based on Eventbrite’s net income (collectively, “Taxes”). You shall be responsible for and bear Taxes associated with its purchase of, payment for, access to or use of the Services. Taxes shall not be deducted from the payments to Strimmerz, except as required by law, in which case you shall increase the amount payable as necessary so that after making all required deductions and withholdings, Strimmerz receives and retains (free from any Tax liability) an amount equal to the amount it would have received had no such deductions or withholdings been made.
7. Subscription Plans and Payments
We may offer subscription plans that automatically renew each month or year (“Tellie Subscriptions”). By signing up for a Tellie Subscription and providing us with your payment account information, you are signing up to an auto-renewing subscription requiring recurring payments and agree to pay the then-current applicable fee listed in the agreement unless and until you cancel. All subscription fees and charges are nonrefundable, and there are no refunds or credits for partially used periods.
If you sign up for the monthly subscription, you will be charged your first monthly subscription fee and any applicable taxes on the date you purchase your subscription or, if your subscription includes a free trial, on the day after your free trial ends. Your subscription will automatically continue on a monthly basis, and you will continue to be charged on a monthly basis at the then-current price (including any applicable taxes), until you cancel your subscription or we terminate it. If you sign up for the yearly subscription, you will be charged your first upfront, non-refundable yearly subscription fee and any applicable taxes on the date you purchase your subscription or, if your subscription includes a free trial, on the day after your free trial ends. Your subscription will automatically continue on a yearly basis at the then-current price (including any applicable taxes), and you will continue to be charged on a yearly basis until you cancel your subscription or we terminate it. You can find your monthly and/or yearly subscription billing date in your account settings.
If your subscription includes a free trial, you will not be charged the applicable fee during your free trial. To obtain the free trial you will be required to provide a credit card in order to ensure uninterrupted access to your Tellie Subscription and continued use after the expiration of the free trial. Upon completion of your free trial, your subscription will automatically convert into a paid Tellie Subscription and your payment method will be charged the applicable fee unless you have cancelled your Tellie Subscription. You may cancel your Tellie Subscription as described below. You may not receive a notice from us that your free trial has ended or that the paying portion of your Tellie Subscription has begun. You are only permitted one free trial. If your Tellie Subscription is ever terminated for any reason, and you purchase an additional Tellie Subscription, you shall not be eligible for a free trial on any subsequent Tellie Subscriptions.
If you signed up with a promotion, your renewal rate may be higher than your initial rate. Please refer to your account settings page within the App to review details about the renewal amount and the date of the next renewal.
Your Tellie Subscription includes one or more additional features as compared to the standard Tellie account. From time to time, Strimmerz may choose in its sole discretion to add, modify, or remove benefits and features from the Tellie Subscription. Strimmerz does not represent or warrant that particular benefits or features will be offered indefinitely and reserves the right to change the subscription terms or fees associated with the Tellie Subscription. If the pricing for your subscription increases, we will notify you, and provide you an opportunity to change your subscription before applying those changes to your account or charging your payment details in connection with an automatic renewal. The notification will inform you of how long you have to change your subscription before the changes become effective. Your continued use of your Tellie Subscription after the changes become effective will constitute your acceptance of the changes. If you do not wish to continue subscribing with the new fees or features, you may cancel your subscription. If you accept the new subscription, its terms and conditions will apply for that renewal and all renewals going forward.
You may cancel your subscription at any time in your account settings or by contacting us at email@example.com or by following your AppStore procedures to cancel. You must cancel your subscription before it renews to avoid billing of the next periodic subscription fees to your account. However, if you cancel a pre-paid yearly or monthly subscription, you will not receive any refund. If you cancel your monthly or yearly subscription, you will be able to use your Tellie Subscription for the remainder of your pre-paid subscription term.
We reserve the right to suspend, disable, cancel or terminate your Tellie Subscription or convert your Tellie Subscription account to a standard account at our discretion and without any notice. If we cancel your yearly subscription, we will give you a prorated refund based on the amount of time remaining in your pre-paid subscription; provided, however, that we will not be obligated to grant you a refund if we terminate your account or your subscription because we determine, in our sole discretion, that your actions or your use of the Service violates these Terms or has harmed another user.
If upon termination of your Tellie Subscription you possess a quantity of a Goods greater than the amount allowed for a non-Tellie Subscription account, you may keep those Goods, but once used, you will not be permitted to possess a quantity greater than the permitted amount.
By subscribing to a Tellie Subscription, you consent to receive notifications from Strimmerz electronically. You agree that all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing or be delivered in a particular manner and Subscriber agrees to keep Subscriber’s email address information current.
8. Third-Party Services.
The Services may permit you to link to or otherwise access other websites, services or resources on your device and the Internet, and other websites, services or resources may contain links to or be accessed by the Services or the App (including, without limitation, sites, and services to synchronize video to music). These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link or access does not imply our endorsement or any association between their operators and us. You also acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource.
9. Location-Based Services.
We may offer features that are based on the location of users and which may report on the locations of those users as they use the Services (“Location-Based Services”). You may partake in using these Location-Based Services solely at your own discretion and may opt out of providing that information by turning off those features. Should you use Location-Based Services, you are consenting to our collection and dissemination of your location information through the Services. Under no circumstances shall we be liable for claims or damages therefrom arising out of your informed decision to disseminate your location information through the Service.
We may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your use of the Services. If you wish to terminate your Account, you may do so by removing the App from your device and following the instructions on the App or through the Services. If your Account is terminated, you may no longer be able to access or use any Goods associated with that Account. We will not offer a refund to you for any Goods purchased. All Goods sales are final. All provisions of these Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, licenses of User Content, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
11. Warranty Disclaimer.
We have no special relationship with or fiduciary duty to you. You acknowledge that we have no duty to take any action regarding: (a) which users gain access to the Services; (b)what Content you access via the Services; or (c) how you may interpret or use the Content.
You release us from all liability for you having acquired or not acquired Content through the Services. We make no representations concerning any Content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, or legality of material or Content contained in or accessed through the Services.
The views and opinions of our hosts, guests, or others appearing on Tellie.TV are their own and not necessarily representative of the views and opinions of the Strimmerz or its employees, and the Strimmerz assumes no responsibility for the Content, accuracy, or views of or opinions expressed by such hosts.
THE SERVICES AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK.
You agree to release and to indemnify, defend and hold harmless Strimmerz and its parents, subsidiaries, affiliates and agencies, as well as the officers, directors, employees, shareholders and representatives of any of the foregoing entities, from and against any and all losses, liabilities, expenses, damages, costs (including attorneys’ fees and court costs) claims or actions of any kind whatsoever arising or resulting from your use of the Service, your violation of these Terms of Service, your receipt, ownership, use or misuse of any prize, and any of your acts or omissions that implicate publicity rights, defamation or invasion of privacy. Strimmerz reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Strimmerz in defense of such matter.
13. Limitation of Liability.
YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE AND SERVICE. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SITE AND SERVICE MAY NOT BE SECURE AND MAY BE INTERCEPTED OR LATER ACQUIRED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE AND SERVICE IS AT YOUR OWN RISK. RECOGNIZING SUCH, YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER STRIMMERZ NOR ITS SUPPLIERS OR LICENSORS WILL BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR OTHER DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER TANGIBLE OR INTANGIBLE LOSSES OR ANY OTHER DAMAGES BASED ON CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY (EVEN IF STRIMMERZ HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE SITE OR SERVICE; THE USE OR THE INABILITY TO USE THE SITE OR SERVICE; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR SERVICE; ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US; ANY INCORRECT, ILLEGIBLE, MISDIRECTED, STOLEN, INVALID OR INACCURATE ENTRY INFORMATION; HUMAN ERRORS; TECHNICAL MALFUNCTIONS; FAILURES, INCLUDING PUBLIC UTILITY OR TELEPHONE OUTAGES; OMISSIONS, INTERRUPTIONS, LATENCY, DELETIONS OR DEFECTS OF ANY DEVICE OR NETWORK, PROVIDERS, OR SOFTWARE (INCLUDING, BUT NOT LIMITED TO, THOSE THAT DO NOT PERMIT AN ENTRANT TO PARTICIPATE IN THE SERVICE); ANY INJURY OR DAMAGE TO COMPUTER EQUIPMENT; INABILITY TO FULLY ACCESS THE SITE OR SERVICE OR ANY OTHER WEBSITE; THEFT, TAMPERING, DESTRUCTION, OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ENTRIES, IMAGES OR OTHER CONTENT OF ANY KIND; DATA THAT IS PROCESSED LATE OR INCORRECTLY OR IS INCOMPLETE OR LOST; TYPOGRAPHICAL, PRINTING OR OTHER ERRORS, OR ANY COMBINATION THEREOF; OR ANY OTHER MATTER RELATING TO THE SITE OR SERVICE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, STRIMMERZ'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO (A) THE AMOUNT PAID, IF ANY, BY YOU TO STRIMMERZ FOR GENERAL USE OF THE SITE OR SERVICE DURING THE TERM OF YOUR REGISTRATION FOR THE SITE, (B) THE ACTUAL PRICE PAID BY YOU (IF ANY) FOR THE LICENSE TO USE GOODS OR ANY OTHER PART OF THE SERVICES, OR (C) $50.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
14. ARBITRATION CLAUSE & CLASS ACTION WAIVER–IMPORTANT–PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS
14.1. Binding Arbitration
14.1.1. Either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below. Specifically, all claims arising out of or relating to these Terms (including their formation, performance and breach), the parties’ relationship with each other and/or your use of the Service shall be finally settled by binding arbitration administered by the JAMS in accordance with the provisions of its Streamlined Arbitration Rules & Procedures, excluding any rules or procedures governing or permitting class actions.
14.1.2. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to any claim that all or any part of these Terms is void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
14.1.3. The Commercial Arbitration Rules governing the arbitration may be accessed at www.jamsadr.com or by calling 1.800.352.5267. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, Strimmerz will pay the additional cost. If the arbitrator finds the arbitration to be non-frivolous, Strimmerz will pay all of the actual filing and arbitrator fees for the arbitration, provided your claim does not exceed $75,000. The arbitration rules also permit you to recover attorney’s fees in certain cases. The parties understand that absent this mandatory provision; they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
14.2.1. If you are a resident of the United States, arbitration will take place at any reasonable location within the United States convenient for you. You and Strimmerz agree to submit to the personal jurisdiction of any federal or state court in Los Angeles 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.
14.3. Class Action Waiver
14.3.1. The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
14.4. Exception–Litigation of Intellectual Property and Small-Claims Court Claims
14.4.1. Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small-claims court for disputes or claims within the scope of that court’s jurisdiction.
14.5. 30-Day Right to Opt Out
14.5.1. You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt out to the following address: ADDRESS. The notice must be sent within 30 days of 04/20/2018 or your first use of the Service, whichever is later. Otherwise, you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt out of these arbitration provisions, Strimmerz also will not be bound by them.
14.6. Changes to this Section
14.6.1. Strimmerz will provide 60-days’ notice of any changes to this section. Changes will become effective on the 60th day and will apply prospectively only to any claims arising after the 60th day.
14.6.2. For any dispute not subject to arbitration you and Strimmerz agree to submit to the personal and exclusive jurisdiction of and venue in the federal and state courts located in New York, NY. You further agree to accept service of process by mail and hereby waive any and all jurisdictional and venue defenses otherwise available.
14.6.3. The Terms and the relationship between you and Strimmerz shall be governed by the laws of the State of New York without regard to conflict of law provisions.
15. Governing Law and Jurisdiction.
These Terms of Service shall be governed by and construed in accordance with the laws of the State of California, including its conflicts of law rules, and the United States of America. You agree that any dispute arising from or relating to the subject matter of these Terms of Service shall be governed by the exclusive jurisdiction and venue of the state and federal courts of Los Angeles County, California.
Except with regarding to Section 14, we reserve the right, in our sole discretion, to modify or replace any of these Terms of Service, or change, suspend, or discontinue the Services (including, without limitation, the availability of any feature, database, or content) at any time by posting a notice on the App or by sending you notice through the Services, by email or by another appropriate means of electronic communication. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. While we will timely provide notice of modifications, it is also your responsibility to check these Terms of Service periodically for changes. Your continued use of the Services following notification of any changes to these Terms of Service constitutes acceptance of those changes, which will apply to your continued use of the Services going forward. Your use of the Services is subject to the Terms of Service in effect at the time of such use.
17. DMCA Copyright Policy.
17.1. Strimmerz may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who infringe the intellectual property of others. If you believe that your copyright or the copyright of a person on whose behalf you are authorized to act has been infringed, please provide Strimmerz's Copyright Agent a written Notice containing the following information:
17.1.1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
17.1.2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
17.1.3. a description of where the material that you claim is infringing is located on the Service;
17.1.4. your address, telephone number, and email address;
17.1.5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
17.1.6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
17.2. Strimmerz's Copyright Agent can be reached in the following ways: Strimmerz Media, Inc, 3824 Cedar Springs Rd #801-1394, Dallas, TX, 75219, United States
17.3. To be valid, a Notice must be in writing and must follow the instructions above. You also may use the contact information in this Section to notify us of alleged violations of other intellectual property rights.
18. Apple Device and Application Terms.
18.1. If you are accessing the Services through an application on a device provided by Apple, Inc. (“Apple”) or an application obtained through the Apple App Store (in either case, an “Application”), the following shall apply.
18.1.1. Both you and the Strimmerz acknowledge that these Terms of Service are concluded between you and the Strimmerz only, and not with Apple and that Apple is not responsible for the Application or the Content;
18.1.2. The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms of Service as they are applicable to the Services;
18.1.3. You will only use the Application in connection with an Apple device that you own or control;
18.1.4. You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;
18.1.5. In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund you the purchase price, if any, of the Application;
18.1.6. You acknowledge and agree that the Strimmerz, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Application;
18.1.7. You acknowledge and agree that in the event of any third-party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, the Strimmerz, and not Apple, will be responsible for the investigation, defense, settlement, and discharge of any such infringement claim;
18.1.8. You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and that you are not listed on any U.S. Government list of prohibited or restricted parties;
18.1.9. Both you and the Strimmerz acknowledge and agree that, in your use of the Application, you will comply with any applicable third-party terms of Agreement which may affect or be affected by such use; and
18.1.10. Both you and the Strimmerz acknowledge and agree that Apple and Apple’s subsidiaries are third-party beneficiaries of these terms and that upon your acceptance of these terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these terms against you as the third-party beneficiary hereof.
19.1. Entire Agreement and Severability. These Terms of Service are the entire Agreement between you and us with respect to the Services, including the use of the App, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to the Services. If any provision of these Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Service will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
19.2. Force Majeure. We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
19.3. Assignment. These Terms of Service are personal to you and are not assignable, transferable or sublicensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without consent.
19.4. Agency. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Service, and neither party has any authority of any kind to bind the other in any respect.
19.5. Notices. Unless otherwise specified in these Term of Service, all notices under these Terms of Service will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or email; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices should be sent to firstname.lastname@example.org.
19.6. No Waiver. Our failure to enforce any part of these Terms of Service shall not constitute a waiver of our right to later enforce that or any other part of these Terms of Service. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms of Service to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.
19.7. Headings. The section and paragraph headings in these Terms of Service are for convenience only and shall not affect their interpretation.
19.8. Relationships. The App is not sponsored, endorsed, administered by, or associated with Apple or its subsidiaries or affiliates.
19.9. Contact. You may contact us at the following address:
Strimmerz Media, Inc
3824 Cedar Springs Rd #801-1394
Dallas, TX 75219
19.10. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
19.11. Withdrawals. You have the right to withdraw funds from your Account at any time. The minimum amount of withdrawal that can be requested through the app is $5.
Effective Date of Terms of Service: April 12, 2019