Terms Of Service — Stream Stickers

STREAMSTICKERS TERMS OF USE

(Effective as of 9/29/23)

Welcome to Turbo Hype, LLC’s (“Turbo Hype,” “we,” “us,” or “our”) Terms of Use (“Terms”) for the Stream Stickers website, which can be accessed at http://www.streamstickers.com (the “Site”) and the Stream Stickers Twitch Extensions accessed and downloaded via the Twitch.tv website, in which users can display stickers on their Twitch Live Stream (the “Service”).

Please review the following terms carefully. By accessing, viewing, or using the Site or Service, you signify your agreement to be legally bound to these Terms. If you do not agree to be bound by these Terms of Use in their entirety, you may not access or use the SITE OR SERVICE.

THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN COURT OR JURY TRIALS OR CLASS ACTIONS AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. CAREFULLY REVIEW THE DISPUTE RESOLUTION SECTION OF THESE TERMS BEFORE YOU ACCESS OR USE THE SITE OR SERVICE.

1. ELIGIBILITY

By accessing or using the Site or Service, you affirm that you are of legal age to enter into these Terms, or, if you are not of legal age, that you are at least 13 years of age and have obtained parental or guardian consent to enter into these Terms and your parent or guardian consents to these Terms on your behalf. If you violate or do not agree to these Terms, then your access to and use of the Site or Service is unauthorized.

2. MODIFICATIONS OF THESE TERMS

We can amend these Terms at any time and, as such, we reserve the right, in our sole discretion, to do so as needed. We will update these Terms in the event of any such amendments. It is your sole responsibility to check the Site from time to time to view any such changes in these Terms. Your continued use of the Site or Service after the posting of any changes to the Terms signifies your agreement to our revisions. We will endeavor to notify you of material changes to the Terms by posting a notice on the Site homepage. For this additional reason, you should keep your contact and profile information current.

3. USER LICENSE

Provided you comply with these Terms, Turbo Hype grants you a limited license, which may be revoked at any time and for any reason or no reason, to access and use the Site or Service solely for your personal use. You may not remove any trademark, copyright, or other proprietary notices contained on such pages. Any rights not expressly granted herein are reserved by Turbo Hype.

4. SERVICE INSTALLATION

If you choose to install the Service, we will collect some information from your Twitch account. All Personal Information we collect will be handled in accordance with our Privacy Policy. You agree to keep such Personal Information current and that the information you provide shall be truthful.

5. CANCELLATION, TERMINATION, TRANSFER, AND EXPIRATION OF ACCOUNT

a. Termination of Use by You

You may terminate your use of the Service at any time by uninstalling the extension from your Twitch account.

Any User Content you have Submitted using the Site or Service may remain in our archives. We have no obligation to return any User Content you have Submitted.

a. Suspension or Termination of Your Account by Turbo Hype

Turbo Hype may suspend or terminate your access to or use of the Site or Service for any reason, with or without prior notice to you. In such a case, your license to access and use the Site, or the Service is immediately terminated. Turbo Hype shall not be liable to you or any third party for any termination or suspension of your ability to access or use the Site or Service. Turbo Hype has no obligation to archive or otherwise store any User Content upon suspension or termination of your access.

6. ACCEPTABLE USE POLICY

You may only use the Site and Service for lawful purposes and in accordance with these Terms, including this Acceptable Use Policy. You agree that failure to adhere to any of these conditions constitutes a material breach of these Terms.

You shall notify us immediately if you become aware of anyone violating the Acceptable Use Policy and shall reasonably assist us with any investigations that we may conduct in light of the information you provide.

a. Compliance with Laws

You agree to use the Site and Service in compliance with applicable federal, state, or local laws, rules, or regulations (“Applicable Laws”).

b. Truthful and Honest

You agree that when using the Site and Service you will:

Submit only true, correct, and accurate information.
not misrepresent your affiliations with Turbo Hype or any third party.
not commit fraud or falsify information in connection with your use of the Site or Service.
not act maliciously against the business interests or reputation of Turbo Hype.

c. Protection of Intellectual Property Rights

You agree not to:

use the Site or Service in a manner which infringes or misappropriates the Intellectual Property Rights of Turbo Hype or any third party.
modify, adapt, translate, copy, distribute, re-publish, transmit, broadcast, display, perform, reproduce, publish, reuse, sell, resell, license, create derivative works of, or transfer the Site or the Service in whole or in part.
create a competitive product or service offering.
link to or use the Service in a manner which does or has the potential to, in our sole opinion, damage or dilute the reputation of Turbo Hype or its third-party providers and the goodwill associated with Turbo Hype’s names, trademarks, or the Service.
create the false appearance that any program, person, or entity is associated with you, Turbo Hype, the Service, or any third party.

d. Misuse of the Service

You agree not to use the Site or Service to:

harass, annoy, intimidate, or threaten any person.
attempt to gain unauthorized access to other computer systems from or through the Site or Service.
interfere with another’s use or enjoyment of the Site or Service.
send chain letters or junk mail, spam, or use of distribution lists.
deep link to the Site or access the Site with any robot, spider, web crawler, extraction software, or any other automated process or device to scrape, copy, or monitor any portion of the Site or Service or any Content available from the Site or Service.
share any personal information for which you do not have authorization or consent to share with us.
•share confidential information of any third party.
access the Service for any reason other than your personal, non-commercial use solely as permitted by the normal functionality of the Service.
•collect or harvest any Personal Information of any user of the Site or the Service.
use the Site or the Service for the solicitation of business in the course of trade or in connection with a commercial enterprise.
use another user’s Twitch account without permission to access the Service.
intentionally allow another user to access the Service through your Twitch account.

e. Interference with Operation of the Site and Service.

You agree not to:

engage in activities that could render the Site or Service inoperable or make use of the Site or Service more difficult.
upload, post, or transmit viruses or other malware to the Site or Service.
disrupt, interfere with, overburden, or otherwise harm or violate the security of the Site or Service, system resources, servers or networks connected to or accessible through the Site.

f. Misuse of the Text-to-Speech Feature

Turbo Hype provides users with a text-to-speech feature (“TTS Feature”) that allows users to Submit User Content, including voices and other audio recordings and materials to Steam Stickers. In addition to the above sections of the Acceptable Use Policy, when using the TTS Feature, you agree not to:
use a third party’s voice, content, or materials to generate a synthetic version (often referred to as a “voice clone”) of that voice, content or materials without sufficient permission from the third party, legal license or other ownership or use right over the voice, content, or materials;
Submit any voice, content, or materials that infringe on any patent, trademark, copyright, trade secret, right of privacy, right of publicity, or any other applicable law or proprietary right; or
use the TTS Feature for abusive purposes such as fraud, discrimination, hate speech, or for any form of online abuse, harassment, intimidation, annoyance or threatening or violent speech.
If you violate this Acceptable Use Policy, Turbo Hype may not have an adequate remedy at law and monetary compensation may not be a sufficient remedy. In that event, we may seek immediate injunctive relief, without the need to post a bond. Turbo Hype reserves all of its statutory and common law rights against any person or entity who violates this Acceptable Use Policy and may suspend or terminate your ability to use the Site or Service for a violation of this Acceptable Use Policy.

7. USER CONTENT RESTRICTIONS

a. Nature of User Content

When you use the Service, you may be able to provide, create, post, transmit, display, publish, distribute, broadcast, upload or otherwise submit (collectively “Submit”) comments, data, images, text, photos, files, audio, voices, public messages and posts, and other content and materials, and to respond to content provided by others, collectively (“User Content”) to or through the Service. You are solely responsible for the User Content that is posted, uploaded, linked to or otherwise made available via the Service under your registered Twitch account, subject to a reported and confirmed breach of the security of your Twitch account or credentials.

Any User Content will be treated as non-confidential and non-proprietary. When you Submit User Content to the Service, you grant to Turbo Hype a worldwide, non-exclusive, royalty-free, transferable license to use, encode, share, reproduce, distribute, prepare derivative works of, display, and perform that User Content as necessary to provide, promote, and operate the Service. You retain ownership rights of your User Content and you grant to each user of the Service, a worldwide, non-exclusive, royalty-free license to access your User Content through the Service, and to use, distribute, and display such User Content to the extent permitted by the Service and these Terms.

b. User Representations and Warranties

Each time you Submit User Content to or through the Service, including but not limited to, the TTS Feature, you represent and warrant to Turbo Hype that you: (i) retain all ownership rights in your User Content or you have the legal right to use the User Content, (ii) that the User Content is true and accurate, (iii) that such User Content will not cause harm to any third party, and (iv) your User Content will not violate these Terms or Applicable Laws.

c. Disclaimer of Responsibility for User Content

Turbo Hype does not control User Content Submitted using the Service and disclaims any responsibility for any User Content. We are not responsible or liable in any way for any corruption, misdelivery, creation, use, storage, destruction, or other loss of any of User content. You are responsible for all User Content that you provide and for the legality, originality, and appropriateness of the User Content.

d. Review and Removal of User Content

We reserve the right to remove any User Content from the Service at our sole discretion. You agree that we have the right to determine whether your User Content is appropriate and complies with these Terms, remove any and/or all of your User Content, and terminate your access to the Site or Service with or without prior notice.

The Service does not, and cannot, pre-screen or monitor all User Content. However, at our discretion, we, or technology we employ, may monitor and/or record your interactions with the Service and with other users.

8. LINKS TO THIRD-PARTY WEBSITES AND RESOURCES

Solely for your convenience, the Site and Service may include links to websites and other online resources operated or provided by third parties. You acknowledge and agree that we are not responsible for the availability of any such third-party websites or resources and that we do not endorse and are not responsible or liable for any such third-party websites or resources or any information, materials, products, or services contained on any third-party websites or resources or accessible through such third-party websites or resources.

We make no, and expressly disclaim any, warranties, express or implied, with regard to the information, materials, products, or services that are contained on or accessible through any third-party websites or resources. Your access to and use of any third-party websites or resources, including, without limitation, any information, materials, products, or services on or accessible through any third-party websites or resources is solely at your own risk.

9. THIRD-PARTY MATERIALS

The Site or Service may display, include, or make available data, information, applications, and other products, services, and/or materials provided by third parties, including, without limitation, other users (“Third Party Materials”). Your rights to access or use any Third-Party Materials may be subject to additional licensing terms required by a third party concerning such third party’s Third-Party Materials.

You acknowledge and agree that we and other third parties are not responsible or liable for, nor do we endorse, any Third-Party Materials that appear on or are available through the Site or Services.

TURBO HYPE IS NOT RESPONSIBLE FOR ANY THIRD-PARTY MATERIALS, INCLUDING, WITHOUT LIMITATION, THEIR ACCURACY, COMPLETENESS, TIMELINESS, VALIDITY, NON-INFRINGEMENT, LEGALITY, DECENCY, OR QUALITY. TURBO HYPE DOES NOT ASSUME AND WILL NOT HAVE ANY LIABILITY OR RESPONSIBILITY TO YOU OR ANY OTHER PERSON OR ENTITY ARISING OUT OF ANY THIRD-PARTY MATERIALS, INCLUDING, WITHOUT LIMITATION, YOUR USE OF OR RELIANCE ON ANY THIRD-PARTY MATERIALS. ANY RELIANCE YOU PLACE ON ANY THIRD-PARTY MATERIALS IS STRICTLY AT YOUR SOLE DISCRETION AND RISK.

10. OWNERSHIP

a. Intellectual Property

All right, title and interest in and to the Site and Service, including, but not limited to, all of the software and code that comprise and operate the Site and Service, and all of the text, product descriptions, compilations, hypertext markup language (HTML), scripts, logos, slogans, names of products and services, photographs, illustrations, images, graphics, audio, video, URLs and other materials provided through the Site and Service such as the features and functions (together, “Content”) are owned by us or third parties who have licensed their content to us. Turbo Hype is protected under trademark, service mark, trade dress, copyright, patent, trade secret and other intellectual property laws.

Unless approved in writing in advance by Turbo Hype, you agree not to use our name, trademarks, or logos in connection with any product or service that is not under Turbo Hype’s ownership or control.

These Terms do not give you any right to reproduce, distribute, transmit, publish or commercially exploit any information provided by Turbo Hype without permission of the owner of the copied information. Any unauthorized use of Turbo Hype’s name, trademark, or logos is strictly prohibited and may be prosecuted to the fullest extent of the law.

b. License

You grant Turbo Hype a worldwide, non-exclusive, royalty-free, transferable license to use, encode, share, reproduce, distribute, prepare derivative works of, display clips of your live stream (video and audio), live stream screenshots, your Twitch username, your Twitch profile picture and user specific Service data like Twitch Bits used on your channel inside the Service.

11. FEEDBACK AND SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site or Service ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

12. COPYRIGHT COMPLAINTS AND COPYRIGHT AGENT

We respect the intellectual property rights of others and require that our users do the same. We will respond to notices of alleged copyright infringement that comply with applicable law.

a. Reporting Claims of Copyright Infringement

If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided on or through the Service infringe upon your copyrights, you may submit a written notification requesting removal of those materials (or access to them) from the Service to our copyright agent designated below. The Digital Millennium Copyright Act (see 17 U.S.C 512) (“DMCA”) following information in writing (“DMCA Notice”):

The date you submit the DMCA Notice;
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
A description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work;
Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and/or email address;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Our designated copyright agent to receive DMCA Notices is:

David Fahrer
Turbo Hype LLC
325 Lake Ave #742
6463221516
admin@streamstickers.com

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity on the Service is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

b. Counter-Notices

If you believe that your User Content has been removed from the Service by mistake or misidentifications, you may send a counter-notice containing the following information to our copyright agent using the contact information set forth above:

Your physical or electronic signature;
A description of the content that has been removed and the location at which the content appeared before it was removed;
A statement under penalty of perjury by you that you have a good faith belief that the content that was removed as a result of mistake or a misidentification of the content; and
Your name, address, telephone number, and email address by which we may contact you; and
a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Site or Service may be found) and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by our copyright agent, we may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may (in our sole discretion) be reinstated on the Site in ten (10) to fourteen (14) business days or more after receipt of the counter-notice.

c. Termination of Repeat Infringer Accounts

Pursuant to our policy, we may terminate access for users who are found repeatedly to provide or post protected third-party content without necessary rights and permissions.

13. DISCLAIMERS AND LIMITATIONS OF LIABILITY

THE SITE AND SERVICE, ARE PROVIDED “AS IS” AND “AS AVAILABLE” BASIS. TURBO HYPE MAKES NO EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THE SITE OR SERVICE AND, TO THE EXTENT PERMITTED BY LAW, EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE SERVICE INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE, QUIET ENJOYMENT, QUIET POSSESSION, AND NON-INFRINGEMENT. TURBO HYPE MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING THE ACCURACY, COMPLETENESS, SECURITY, RELIABILITY, QUALITY, OR AVAILABILITY OF THE SITE OR SERVICE.

TURBO HYPE does not warrant that any part of the Site OR SERVICE will be uninterrupted or error-free, that defects will be corrected, or that this site, SERVICE, or the server(S) that makes THEM available are free of viruses, malware, destructive code, or other harmful components. TURBO HYPE will not be liable for any loss or damage caused by a distributed denial of service attack, viruses, or other harmful material due to your use of the site or SERVICE. TURBO HYPE expressly disclaims any and all liability for the content or any omissions from the site OR SERVICE, including any inaccuracies, errors, or misstatements in such content. we are not responsible for any damage to your computer system or loss of data resulting from your use of the site OR SERVICE, posting of content, or your download of content from the site.

Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you to the extent not allowed by such law.

14. LIMITATION OF TURBO HYPE LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, WITH RESPECT TO YOUR ACCESS TO AND USE OF THE SITE OR SERVICE SHALL BE THE AMOUNT OF $100.

IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR ACCESS TO OR USE OF THE SITE OR SERVICE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR ACCESS TO OR USE OF THE SITE OR SERVICE, INCLUDING CLAIMS FOR LOSS OF DATA.

THESE LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR TURBO HYPE WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME STATES OR JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. IN SUCH STATES OR JURISDICTIONS, THE RELEASED PARTIES’ LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

15. YOUR INDEMNIFICATION OF TURBO HYPE

You will indemnify and hold Turbo Hype harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms, breach of the Acceptable Use Policy, or your breach of any law or rights of a third party.

16. DISPUTE RESOLUTION

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS.

a. Waiver of Rights. YOU AGREE THAT BY ACCESSING OR USING THE SITE OR SERVICE YOU ARE WAIVING THE RIGHT TO A COURT OR JURY TRIAL. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST THE RELEASED PARTIES ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE OR COLLECTIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS. CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. IF THE FOREGOING CLASS ACTION WAIVER IS DEEMED INVALID OR UNENFORCEABLE, YOU AND TURBO HYPE EACH AGREE NOT TO SEEK, AND WAIVE ANY RIGHT, TO ARBITRATE, LITIGATE OR OTHERWISE RESOLVE ANY DISPUTE THROUGH CLASS OR COLLECTIVE CLAIMS.

b. Agreement to Arbitrate.

i. YOU AND TURBO HYPE AGREE THAT, EXCEPT AS PROVIDED IN SECTION 16.d. BELOW OR IF YOU OPT OUT OF THIS AGREEMENT TO ARBITRATE IN ACCORDANCE WITH SECTION 16.d. BELOW, ALL CLAIMS AND DISPUTES ARISING FROM OR RELATING IN ANY WAY TO THE SUBJECT MATTER OF THESE TERMS or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by BINDING INDIVIDUAL arbitration in YOUR STATE OF RESIDENCY before ONE arbitrator. The arbitration shall be administered by THE JUDICIAL ARBITRATION AND MEDIATION SERVICES (“JAMS”) pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.

ii. NOTWITHSTANDING SECTION 16.b.i, YOU AND TURBO HYPE AGREE THAT THE FOLLOWING DISPUTES ARE NOT SUBJECT TO BINDING ARBITRATION: (1) ANY DISPUTES SEEKING TO ENFORCE OR PROTECT, OR CONCERNING THE VALIDITY OF, ANY OF YOUR OR TURBO HYPE’S INTELLECTUAL PROPERTY RIGHTS; (2) ANY DISPUTE RELATED TO, OR ARISING FROM, ALLEGATIONS OF THEFT, PIRACY, INVASION OF PRIVACY OR UNAUTHORIZED USE; AND (3) ANY CLAIM FOR INJUNCTIVE RELIEF; AND (4) ANY CLAIM FALLING UNDER THE JURISDICTION OF SMALL CLAIMS COURT. IF THIS SECTION IS FOUND TO BE ILLEGAL OR UNENFORCEABLE THEN NEITHER YOU NOR TURBO HYPE WILL ELECT TO ARBITRATE ANY DISPUTE FALLING WITHIN THAT PORTION OF THIS SECTION FOUND TO BE ILLEGAL OR UNENFORCEABLE AND SUCH DISPUTE SHALL BE DECIDED BY A COURT OF COMPETENT JURISDICTION WITHIN THE COURTS LISTED FOR JURISDICTION BELOW, AND YOU AND TURBO HYPE AGREE TO SUBMIT TO THE PERSONAL JURISDICTION OF THAT COURT.

iii. BEFORE COMMENCING ARBITRATION, YOU AND TURBO HYPE SHALL ATTEMPT IN GOOD FAITH TO RESOLVE ANY DISPUTE ARISING OUT OF OR RELATING TO THESE TERMS PROMPTLY BY NEGOTIATION. ANY PARTY MAY GIVE THE OTHER PARTY WRITTEN NOTICE OF ANY DISBUTE NOT RESOLVED IN THE NORMAL COURSE OF BUSINESS. THE RECEIVING PARTY SHALL RESPOND TO THE NOTICE IN WRITING WITHIN 15 DAYS. WITHIN 30 DAYS AFTER DELIVERY OF THE NOTICE, THE PARTIES SHALL MEET VIRTUALLY AT A MUTAULLY ACCEPTABLE TIME. AT NO POINT DURING THIS TIME SHALL EITHER PARTY INITIATE LITIGATION OR ARBITRATION. ALL APPLICABLE STATUTES OF LIMITATIONS AND DEFENSES UPON THE PASSAGE OF TIME SHALL BE TOLLED DURING THIS TIME PERIOD PLUS 15 DAYS THEREAFTER.

iv. ALL OFFERS, PROMISES, CONDUCT, AND STATEMENTS, WHETHER ORAL OR WRITTEN, MADE IN THE COURSE OF THE NEGOTIATION BY EITHER PARTY OR THEIR AGENTS OR ATTORNEYS ARE CONFIDENTIAL, PRIVILEGED, AND INADMISSIBLE FOR ANY PURPOSE IN ARBITRATION OR OTHER PROCEEDING INVOLVING THE PARTIES.

v. THIS AGREEMENT TO ARBITRATE INVOLVES INTERSTATE COMMERCE, AND, THEREFORE, SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT, 9 U.S.C. 1-16 (“FAA”), AND NOT BY STATE LAW.

vi. THIS AGREEMENT TO ARBITRATE IS INTENDED TO BE INTERPRETED BROADLY PURSUANT TO THE FAA.

vii. FOR ANY CLAIM WHERE THE TOTAL AMOUNT OF THE AWARD IS SOUGHT IS $10,000 OR LESS: (1) THE ARBITRATION SHALL BE CONDUCTED SOLELY BASED ON TELEPHONE OR ONLINE APPEARANCES AND/OR WRITTEN SUBMISSIONS; AND (2) THE ARBITRATION SHALL NOT INVOLVE ANY PERSONAL APPEARANCE BY THE PARTIES OR WITNESSES UNLESS OTHERWISE MUTUALLY AGREED BY THE PARTIES. IF THE CLAIM EXCEEDS $10,000, THE RIGHT TO A HEARING WILL BE DETERMINED BY JAMS’ RULES AND THE HEARING (IF ANY) WILL TAKE PLACE IN NEW YORK CITY, NEW YORK.

viii. THE ARBITRATOR MUST HAVE AT LEAST 10 YEARS OF EXPERIENCE WITH ONLINE TERMS OF USED AND SHALL SERVE AS A NEUTRAL, INDEPENDENT, AND IMPARTIAL ARBITRATOR. WITHIN 15 DAYS AFTER THE COMMENCEMENT OF ARBITRATION, EACH PARTY SHALL SELECT ONE PERSON TO ACT AS ARBITRATOR, AND THE TWO SO SELECTED SHALL SELECT A THIRD ARBITRATOR WITHIN 30 DAYS OF THE COMMENCEMENT OF THE ARBITRATION. IF EITHER ARBITRATOR SELECTED BY THE PARTIES IS UNABLE OR FAILS TO AGREE UPON THE THIRD ARBITRATOR WITHIN THE ALLOTTED TIME, THE THIRD ARBITRATOR SHALL BE APPOINTED BY JAMS IN ACCORDANCE WITH ITS RULES. THE JAMS CASE MANAGER SHALL CHOOSE ONE PERSON TO SERVE AS AN ARBITRATOR FROM THE THREE OPTIONS.

ix. THE ARBITRATOR IS BOUND BY THE TERMS OF THIS AGREEMENT TO ARBITRATE. YOU AND TURBO HYPE ACKNOWLEDGE AND AGREE THAT, IN ANY ARBITRATION PROCEEDING, NO DEPOSITIONS WILL BE TAKEN AND ALL OTHER FORMS OF DISCOVERY OF FACTS WILL BE LIMITED TO THOSE THINGS THAT THE ARBITRATOR DETERMINES, IN ITS SOLE DISCRETION, TO BE NECESSARY. FURTHER, IN ANY ARBITRATION PROCEEDING: (1) THERE SHALL BE NO PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL OR OTHER SPECIAL DAMAGES; (2) ALL DAMAGES, CLAIMS AND AWARDS WILL BE GOVERNED BY DELAWARE LAW; (3) THE PARTIES WILL CONDUCT THE ARBITRATION CONFIDENTIALLY AND EXPEDITIOUSLY AND WILL PAY THEIR OWN COSTS AND EXPENSES OF ARBITRATION, INCLUDING THEIR OWN ATTORNEYS’ FEES.

x. The parties shall maintain the confidential nature of the arbitration proceeding and the Award, including the Hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an Award or its enforcement, or unless otherwise required by law or judicial decision.

xi. THE ARBITRATOR’S RULING IS BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION OR APPLICATION MAY BE MADE TO SUCH COURT FOR JUDICIAL ACCEPTANCE OF ANY AWARD AND AN ORDER OF ENFORCEMENT, AS THE CASE MAY BE.

xii. EXCEPT IN THE EVENT YOU OPT OUT OF THIS AGREEMENT TO ARBITRATE IN ACCORDANCE WITH SECTION 16.d., THIS AGREEMENT TO ARBITRATE WILL SURVIVE TERMINATION OF YOUR ACCESS TO OR USE OF THE SITE AND YOUR RELATIONSHIP WITH TURBO HYPE.

xiii. EXCEPT FOR THE TYPES OF DISPUTES DESCRIBED IN SECTION 16.b.ii. ABOVE, ALL OTHER CHALLENGES TO THE VALIDITY AND APPLICABILITY OF THIS AGREEMENT TO ARBITRATE (i.e., WHETHER A PARTICULAR CLAIM OR DISPUTE IS SUBJECT TO ARBITRATION) SHALL BE DETERMINED BY THE ARBITRATOR.

c. Information About Arbitration. You can visit JAMS’ website here https://www.jamsadr.com/ and how to start arbitration can be found at https://adr.org. There is no judge or jury in arbitration. Arbitration procedures are simpler and more limited than rules applicable in court and review by a court is limited. You will not be able to have a court or jury trial or participate in a class action nor class arbitration. YOU UNDERSTAND AND AGREE THAT BY AGREEING TO RESOLVE ANY DISPUTE THROUGH INDIVIDUAL ARBITRATION, YOU ARE WAIVING THE RIGHT TO A COURT OR JURY TRIAL AND THAT ANY DISPUTE WILL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND NOT AS A CLASS ACTION, REPRESENTATIVE ACTION, CLASS ARBITRATION, OR SIMILAR PROCEEDING.

d. Opt-Out of Agreement to Arbitrate. If you wish to opt-out of the agreement to arbitrate, within 45 days of the effective date of these Terms or when you first access, use or installment of the Site or Service, whichever is later, you must send us a letter stating: “Request to Opt-Out of Agreement to Arbitrate” to:

325 Lake Ave #742

Saint James, NY 11780

e. Venue for Litigation. If the agreement to arbitrate in Section 16.b above is found unenforceable or to not apply for a given dispute, or if you opt-out of the agreement to arbitrate in accordance with Section 16.d, then, unless prohibited by applicable law, the proceedings must be brought exclusively in the United States District Court for the Southern District of New York or the state courts of New York located in New York City, New York, as appropriate. You also therefore agree to submit to the personal jurisdiction of each of these courts for the purposes of litigating such claims or disputes and you hereby waive your right to a jury trial, waive your right to initiate or participate in a class or collective action, and agree to remain bound by any and all limitations of liability and damages included in these Terms.

17. GENERAL TERMS

a. Electronic Communications

The communications between you and Turbo Hype use electronic means. For contractual purposes, you: (a) consent to receive communications from us in an electronic form; and (b) agree that the Terms, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.

b. Severability

If any part of these Terms is held or found to be invalid or unenforceable, that portion of the agreement will be construed as to be consistent with applicable law while the remaining portions of the agreement will remain in full force and effect.

c. No Waiver

Any failure or delay on our part to exercise or enforce any right or provision of these Terms or rights under applicable law shall not constitute a waiver of any such provision or rights. Our rights under these Terms survive any transfer or termination of these Terms.

d. Governing Law

These Terms of Use and your use of the Site are governed by the federal laws of the United States of America and the laws of the State of Delaware, without regard to conflict of law provisions.

a. Assignment

We may assign or delegate these Terms of Service and/or our Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without our prior written consent, and any unauthorized assignment or delegation by you is void.

b. Cumulative Rights

The rights and remedies granted to you and Turbo Hype in these Terms are cumulative. The exercise of one shall not diminish or affect any other rights or remedies at law or in equity.

18. CONTACT

If you have any questions concerning these Terms, please contact Turbo Hype at admin@streamstickers.com.