These Terms of Service (these “Terms”) contain the general terms and conditions that apply to customers, users, and visitors (collectively, “users,” or “you”) of StreamSaver Limited’s (“StreamWolf,” “Service Provider” or “our”) online and mobile services, including the website [https://streamwolf.com/], all services made available through the website, and all other applications, digital resources, or communications offered by Service Provider (collectively, the “Services”). StreamWolf is the trading name of StreamSaver Limited.These Terms are a binding agreement between you and Service Provider. Please read these Terms carefully as they govern your conduct when using the services. These terms are incorporated into and are supplemental to Service Provider’s Privacy Policy, as well as any other specific, written agreements you may have with Service Provider with respect to a service. Unless you have a specific, written agreement with Service Provider providing otherwise, each of these terms apply to you. By using the Services, you accept and agree to be bound by and abide by these Terms. By using these Services you acknowledge and agree that:
(a) you are at least eighteen (18) years of age or older;
(b) you are capable of forming a binding contract with Service Provider and have good right, title, and authority to enter into these terms on your own behalf and on behalf of any entity or person whom you purport to represent (which entity shall be considered part of you for purposes of these Terms); and
(c) these Terms are effective as of the date you first use the Services, and that these Terms constitute valid and binding obligations enforceable against you.
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 ARBITRATION SECTION BEFORE YOU AGREE TO THESE TERMS.If you do not agree to these Terms, you must not use the Services. Please note the information made available through the Services has been compiled from both internal and external sources. Such information may include data prepared by third parties and provided by us or obtained from sources we believe to be reliable, but we cannot and do not guarantee the accuracy, timeliness, or completeness of such information for any particular purpose. Such information is inherently subject to change without notice and may become dated. You agree that we are not responsible for any loss you experience as a result of your reliance on such information. We use reasonable efforts to make sure the information made available through our Services is accurate and up to date, however, we do not represent or warrant that the information contained therein is accurate, compete, or fit for your particular purpose, and you should always verify any information obtained through our Services before you act upon it.
You agree that Service Provider may use and maintain your personal information in accordance with Service Provider’s Privacy Policy and any changes published by Service Provider.
You may be required to provide certain registration details or other information and become a “Registered User” before accessing certain features of the Service. If we need to validate your identity, we will request your consent before making any inquiries we deem necessary to validate your identity. Such inquiries may include providing us with further information such as your full name, date of birth, requiring you to take steps to confirm ownership of your email address, or verifying information you provide against third party databases or through other sources. If we are unable to validate your identity, you may not be able to use the Services.By using the Services as a Registered User, you agree to ensure all the information you provide is correct, current, and complete. The information you provide will be treated and used in accordance with our Privacy Policy. You must treat your account information as a Registered User as confidential and you must not disclose it to any other person or entity. You acknowledge that your account is personal to you and agree not to provide any other person or third party with access to the Services. You must notify us at [email protected] immediately of any unauthorized access to or use of your username or password or any other breach of security. It is your responsibility to exit from your account at the end of each session of your use of the Services and to use caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We have the right to disable any username, password, or other identifier, whether chosen or provided, at any time in our sole discretion for any or no reason, including, without limitation, if, in our opinion, you have violated any provision of these Terms.
These Terms shall apply so long as you are using the Services. We may require payment of fees or a subscription charge for use of the Services and you agree to pay such fees or charges. You may cancel your paid use of any of the Services at any time. To cancel, visit your Manage Subscriptions page to be redirected to either the Apple App Store or Google Play Store accordingly. Any paid Services will continue until the end of your billing cycle. Please note, unless required to do so by applicable law, we do not provide refunds for partial billing cycles.We may terminate your access to the Services at any time for any or no reason, unless otherwise provided in an express, written agreement between you and Service Provider. Upon termination of your access to the Services, you shall immediately discontinue use of the Services. These Terms shall survive termination of the Services to the extent applicable.
The Services are owned and provided by Service Provider. Service Provider hereby grants you a non-exclusive, non-transferable, non-sublicensable, worldwide license to use the Services, in any form it deems fit including such use on a mobile device or desktop platform, subject to the restrictions in these Terms. Service Provider expressly reserves any rights not expressly granted herein. You are solely responsible for any hardware, software, and telecommunications necessary to access the Services and Service Provider makes no warranty or guarantee that the Services will always be available or will not change.
Except as expressly authorized under these Terms or in a separate written agreement between you and Service Provider, you may not:
You also agree that you shall only use the Services in a manner that complies with all applicable laws in the jurisdictions in which you use the Services, and that you shall not violate or infringe the rights of any third party. Any such forbidden use shall immediately and automatically terminate your license to use the Services without notice.
Service Provider may, in its sole discretion, modify or discontinue the Services in whole or in part, at any time without notice. Any dated information is published as of its date only and we do not undertake any obligation or responsibility to update or amend any such information. Service Provider may temporarily suspend access to the services under certain circumstances, including, without limitation:
(a) Service Provider reasonably determines that: (1) there is a threat or attack on any of our intellectual property; (2) your use of our Services disrupts, or poses a security risk, to our intellectual property; (3) you use our Services for fraudulent or illegal activities, of for any other purpose prohibited by these terms; (4) subject to applicable law, if you become the subject of any bankruptcy, reorganization, liquidation, dissolution, or similar proceeding; or (5) our provision of the Services is prohibited by applicable law;
(b) any vendor of Service Provider has suspended or terminated our access to or use of any third-party services or products required to enable your access the Services; or
(c) if the Service is one available only to paying subscribers and you fail to make payment when due.
ACCOUNT ACCESS
Registered Users may direct Service Provider to retrieve account information from third parties with which they have customer relationships, maintain accounts, or have otherwise contracted with such third parties. By directing Service Provider to access your third party accounts, you grant Service Provider a limited power of attorney to access the third party services to retrieve such account information. Service Provider will be acting as your agent and will not be acting on behalf of the third party. By providing Service Provider access to your third-party accounts, you represent to Service Provider that your access is not prohibited under your relationship, agreement, or otherwise contractual obligations with the third party. Service Provider does not review third party account information, third party pricing, or third party subscription terms and conditions for accuracy and is not responsible for any issues or expenses resulting from such account access or information, including any inaccuracy, error, delay, or non-delivery.
LINKS
From time to time Service Provider may provide you with information about Service Provider’s sponsors and advertisers or display offers from our sponsors and advertisers that we think may be of interest to you. The Services may also display links to our third party advertisers or third party products and services that may not be sponsored by us. Service Provider does not make any representations with regard to these third party products, services, or links. Your engagement with such third party links or offers subjects you to the terms and conditions and privacy practices of that third party.
The Services, including, without limitation, any of our Internet operations, design, content, hardware designs, algorithms, software (in source and object forms), user interface designs, other templates and designs, including, without limitation, templates and designs of goods offered or sold, algorithms, architecture, class libraries, and documentation (both printed and electronic), know-how, good will, moral rights, trade secrets and all other intellectual property rights, and any derivative works, improvements, modifications, enhancements or extensions thereof are protected under both United States and other applicable copyright, trademark, and other laws and shall remain the sole and exclusive property of Service Provider.Service Provider grants you the right to view and use the Services subject to these Terms. You may not use or copy our trademarks, logos, domain names, other intellectual property without our prior written permission. You are prohibited from copying any feature or portion of the Services, or creating a derivative of the Services. You agree not to use, or permit any third party to use, the Services or our content in a manner that violates any applicable law or this Agreement.
If you submit, upload or post any comments, ideas, suggestions, information, files, images, photos, videos or other materials to us or while using the Services (“ User-Generated Content”), you agree not to provide any User-Generated Content that:
(a) is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior;
(b) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets or intellectual property rights of any person or entity;
(c) contains or transmits a virus or any other harmful component. You agree not to contact other site users through unsolicited email, telephone calls, mailings or any other method of communication; or
(d) attempts to impersonate another person, including the use of a false email address or any other personal identifier.
Service Provider shall have a royalty-free, irrevocable, transferable right and license to use the User-Generated Content however Service Provider desires, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such User-Generated Content and/or incorporate such User-Generated Content into any form, medium or technology throughout the world. We are and shall be under no obligation (1) to maintain any User-Generated Content in confidence; (2) to pay to you any compensation for any User-Generated Content; or (3) to respond to any User-Generated Content.We are not obligated to regularly review posted User-Generated Content but we do reserve the right to monitor and edit or remove any User-Generated Content you submit. You grant Service Provider the right to use the name that you submit in connection with any User-Generated Content. You are and shall remain solely responsible for the content of any User-Generated Content you post to this website. We take no responsibility and assume no liability for any User-Generated Content submitted by you or any third party. All remarks, suggestions, ideas, graphics or other information that you communicate through the Services will become and remain the property of Service Provider.You acknowledge that you have full responsibility for the information you submit. You also acknowledge that Service Provider is NOT liable for any claims that the information you submit violates any laws or infringes the rights of any third party including, without limitation, defamation, right of privacy or publicity, trademark, copyright or consumer protection.
You agree to immediately notify Service Provider of and indemnify and hold Service Provider, its parents, subsidiaries, affiliates, directors, officers, shareholders, investors, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Services, (including the unauthorized use of your account or any other breach of security attributable to your use of the services), the violation of these terms by you, or the infringement by you, or another user using your computer, on any intellectual property or other right of any person or entity.
THE SERVICES ARE FOR INFORMATIONAL PURPOSES ONLY, AND YOU SHOULD NOT CONSTRUE ANY SUCH INFORMATION OR OTHER MATERIAL AVAILABLE THROUGH THEM AS LEGAL, TAX, INVESTMENT, FINANCIAL, OR OTHER ADVICE. THE INFORMATION AND OTHER MATERIAL AVAILABLE ON THE SERVICES IS OF A GENERAL NATURE AND DOES NOT ADDRESS THE CIRCUMSTANCES OF ANY PARTICULAR INDIVIDUAL OR ENTITY. YOU ASSUME THE SOLE RISK AND RESPONSIBILITY OF EVALUATING THE INFORMATION AND OTHER MATERIAL AVAILABLE THROUGH THE SERVICES BEFORE MAKING ANY DECISIONS. YOU AGREE NOT TO HOLD US LIABLE FOR ANY DECISION YOU MAKE BASED ON THE INFORMATION OR MATERIALS AVAILABLE ON THE SERVICES.
YOU AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND SERVICE PROVIDER (INCLUDING, WITHOUT LIMITATION, ITS PARENTS, AFFILIATES, INDEPENDENT CONSULTANTS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, INVESTORS, SUBCONTRACTORS, DISTRIBUTORS, OR ANY AGENT OF SERVICE PROVIDER (COLLECTIVELY, “SERVICE PROVIDER THIRD PARTIES”)) ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY OF YOUR COMMUNICATIONS, DATA, OR PERSONALIZATION SETTINGS. SERVICE PROVIDER AND SERVICE PROVIDER THIRD PARTIES DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, QUIET ENJOYMENT, TITLE, MERCHANTABILITY OF COMPUTER PROGRAMS AND INFORMATIONAL CONTENT.NEITHER SERVICE PROVIDER NOR ANY SERVICE PROVIDER THIRD PARTIES MAKE ANY WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR OR VIRUS FREE; NOR DO SERVICE PROVIDER OR ANY SERVICE PROVIDER THIRD PARTIES MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES OR THAT DEFECTS IN THE SOFTWARE DRIVING THE SERVICES WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO A COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. WE DO NOT GUARANTEE THE SECURITY OF THE SERVICES OR THE PREVENTION FROM LOSS OF, ALTERATION OF, OR IMPROPER ACCESS TO, YOUR ACCOUNT INFORMATION OR DATA, OR THAT THE SERVICES WILL BE FREE OF VIRUSES, WORMS OR OTHER HARMFUL COMPONENTS.WE MAY MODIFY, SUSPEND, OR DISCONTINUE OFFERING THE SERVICES EITHER IN GENERAL OR SPECIFICALLY TO YOU AT ANY TIME AND FOR ANY REASON WITHOUT NOTICE OR COMPENSATION TO YOU. THE SERVICES MAY BECOME UNAVAILABLE DUE TO MAINTENANCE, OUTAGE, OR ANY OTHER REASON WHATSOEVER. WE MAKE NO REPRESENTATION OR WARRANTY WHATSOEVER RELATING TO OR RESULTING FROM THE USE OR INABILITY TO USE THE SERVICES, MISTAKES, OMISSIONS, SERVICE INTERRUPTIONS, DELETION OF FILES, LOSS OR MODIFICATION OF CONTENT OR DATA, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, COMMUNICATION FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO ANY SERVER, RECORDS, PROGRAMS, OR SERVICES, WHETHER OR NOT LIMITED TO CIRCUMSTANCES BEYOND OUR CONTROL. THE SERVICES MAY CONTAIN LINKS TO THIRD-PARTY SITES NOT AFFILIATED WITH US IN ANY WAY. THESE LINKS ARE PROVIDED TO YOU ONLY AS A CONVENIENCE AND ARE NOT UNDER OUR CONTROL. WE ARE NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE, OR ANY LINK CONTAINED ON A SITE LINKED THROUGH THE SERVICES, NOR DO WE ENDORSE ANY THIRD- PARTY SITE TO WHICH WE MAY PROVIDE LINKS. WE MAKE NO REPRESENTATION OR WARRANTY THAT THE INFORMATION PROVIDED VIA THE SERVICES IS APPROPRIATE OR AVAILABLE FOR USE OUTSIDE THE UNITED STATES. IF YOU CHOOSE TO ACCESS THE SERVICES FROM OUTSIDE THE UNITED STATES, YOU DO SO ON YOUR OWN INITIATIVE AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAWS, IF AND TO THE EXTENT LOCAL LAWS ARE APPLICABLE.NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
IN NO EVENT WILL SERVICE PROVIDER, ITS PARENTS, SUBSIDIARIES, DIRECTORS, INVESTORS, SHAREHOLDERS, AFFILIATES, OFFICERS AND EMPLOYEES, OR ANY SERVICE PROVIDER THIRD PARTIES BE LIABLE TO YOU FOR ANY SPECIAL, EXEMPLARY, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO THOSE FOR LOSS OF PROFITS, REVENUE, OR GOODWILL, USE, DATA OR OTHER INTANGIBLES, WHETHER THE CLAIM IS BASED UPON CONTRACT, BREACH OF WARRANTY, TORT, OR OTHER THEORY, RESULTING FROM OR CONCERNING THE USE OR THE INABILITY TO USE THE SERVICES OR YOUR FAILURE TO COMPLY WITH THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL AND AGGREGATE LIABILITY OF SERVICE PROVIDER OR ANY SERVICE PROVIDER THIRD PARTIES FOR ANY CAUSE OF ACTION OR REASON WHATSOEVER EXCEED THE TOTAL AMOUNT OF FEES OR SUBSCRIPTION CHARGES PAID BY YOU TO SERVICE PROVIDER. YOUR SOLE AND EXCLUSIVE REMEDY UNDER THESE TERMS IS TO DISCONTINUE THE USE OF THE SERVICES. THE LIABILITY OF ANY PARTY UNDER THESE TERMS SHALL BE CUMULATIVE AND NOT PER INCIDENT. SERVICE PROVIDER DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO:
(a) YOUR USE OF THE SERVICES AND/OR ANY ERRORS OR OMISSIONS IN DATA ENTRY BY YOU, OR
YOU MUST COMMENCE ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE USE OF THE SERVICES WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Unless otherwise provided in these Terms or in another express, written agreement between you and Service Provider, notices given by us to you will be given by email. Notices will be sent to the email address you provide to Service Provider as part of the registration process, or to updated addresses which you provide to Service Provider via notice consistent with this Section. Notices given by you to Service Provider must be given by email to [email protected] or such updated address and number as Service Provider may provide you consistently with this notice provision. Notwithstanding anything herein to the contrary, it is your sole responsibility to update your address for notices hereunder, and notice sent to the email address last provided by you to Service Provider shall be valid and binding on you regardless of whether such address has been changed, canceled, has expired, has been terminated, or otherwise becomes inoperative.All notices, requests, consents, claims, demands, waivers, and other communications hereunder shall be in writing and shall be deemed to have been given: (a) when delivered by hand (with written confirmation of receipt); (b) when received by the addressee if sent by a nationally recognized overnight courier (return receipt requested); (c) on the date sent by facsimile or email (with confirmation of transmission) if sent during normal business hours of the recipient, and on the next business day if sent after normal business hours of the recipient; or (d) on the third day after the date mailed, by certified or registered mail, return receipt requested, postage prepaid.
PLEASE READ THIS CAREFULLY AS IT AFFECTS YOUR RIGHTS.These terms shall be governed by and construed in accordance with the laws of Delaware notwithstanding any conflict of laws provisions. YOU AGREE THAT BY USING THE SERVICES YOU ARE WAIVING THE RIGHT TO A COURT OR JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST SERVICE PROVIDER, ITS PARENTS, SUBSIDIARIES, DIRECTORS, INVESTORS, SHAREHOLDERS, AFFILIATES, OFFICERS AND EMPLOYEES, AND THE SERVICE PROVIDER THIRD 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.YOU AGREE THAT ANY AND ALL CLAIMS AND DISPUTES ARISING FROM OR RELATING IN ANY WAY TO THE SUBJECT MATTER OF THESE TERMS, YOUR USE OF THE SERVICES, OR YOUR DEALINGS WITH SERVICE PROVIDER SHALL BE FINALLY SETTLED AND RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION AS DESCRIBED IN THIS SECTION. THIS AGREEMENT TO ARBITRATE IS INTENDED TO BE INTERPRETED BROADLY PURSUANT TO THE FEDERAL ARBITRATION ACT. THE ARBITRATION WILL BE GOVERNED BY THE COMMERCIAL ARBITRATION RULES AND THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES OF THE AMERICAN ARBITRATION ASSOCIATION (“AAA”), AS MODIFIED BY THIS SECTION. THE ARBITRATION WILL BE CONDUCTED USING ONE ARBITRATOR WITH SUBSTANTIAL EXPERIENCE IN RESOLVING COMMERCIAL CONTRACT DISPUTES, WHO SHALL BE SELECTED FROM THE APPROPRIATE LIST OF ARBITRATORS IN ACCORDANCE WITH THE ARBITRATION RULES AND PROCEDURES OF ANY ARBITRATION ORGANIZATION OR ARBITRATOR THAT YOU AND SERVICE PROVIDER AGREE UPON IN WRITING OR THAT IS APPOINTED PURSUANT TO SECTION 5 OF THE FEDERAL ARBITRATION ACT. TO BEGIN AN ARBITRATION PROCEEDING, YOU MUST SEND A LETTER REQUESTING ARBITRATION AND DESCRIBING YOUR CLAIM TO THE AAA AND TO [email protected]. THE AAA’S ADDRESS IS: AMERICAN ARBITRATION ASSOCIATION CASE FILING SERVICES, 1101 LAUREL OAK ROAD, SUITE 100, VOORHEES, NJ 08043 (THE “AAA NOTICE ADDRESS”). YOU MAY ALSO SEND A COPY TO THE AAA ONLINE AT https://www.adr.org.FOR ANY CLAIM WHERE THE TOTAL AMOUNT OF THE AWARD SOUGHT IS $15,000 OR LESS YOU MUST ABIDE BY THE FOLLOWING RULES: (A) THE ARBITRATION SHALL BE CONDUCTED SOLELY BASED ON TELEPHONE OR ONLINE APPEARANCES AND/OR WRITTEN SUBMISSIONS; AND (B) THE ARBITRATION SHALL NOT INVOLVE ANY PERSONAL APPEARANCE BY THE PARTIES OR WITNESSES UNLESS OTHERWISE MUTUALLY AGREED BY THE PARTIES. IF THE CLAIM EXCEEDS $15,000, THE RIGHT TO A HEARING WILL BE DETERMINED BY THE AAA RULES, AND THE HEARING (IF ANY) MUST TAKE PLACE IN DELAWARE, USA. 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. 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 OR 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. ANY DISPUTE SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND NOT AS A CLASS ACTION, REPRESENTATIVE ACTION, CLASS ARBITRATION OR ANY SIMILAR PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE THE CLAIMS OF MULTIPLE PARTIES.ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE AGAINST SERVICE PROVIDER, ITS PARENTS, SUBSIDIARIES, DIRECTORS, INVESTORS, SHAREHOLDERS, AFFILIATES, OFFICERS AND EMPLOYEES, AND THE SERVICE PROVIDER THIRD PARTIES ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS, YOUR USE OF THE SERVICES, OR YOUR DEALINGS WITH SERVICE PROVIDER, ITS PARENTS, SUBSIDIARIES, DIRECTORS, INVESTORS, SHAREHOLDERS, AFFILIATES, OFFICERS AND EMPLOYEES, AND THE SERVICE PROVIDER THIRD PARTIES MUST BE COMMENCED IN ARBITRATION WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. AFTER THAT ONE (1) YEAR PERIOD, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. SOME JURISDICTIONS DO NOT ALLOW TIME LIMITATIONS OTHER THAN THOSE SET FORTH IN SUCH STATE’S STATUTE OF LIMITATIONS LAWS. IN SUCH CASES, THE APPLICABLE STATUTE OF LIMITATIONS PROVIDED FOR UNDER THE LAWS OF SUCH STATE SHALL APPLY.NOTWITHSTANDING ANY PROVISION IN THESE TERMS TO THE CONTRARY, IF THE CLASS-ACTION WAIVER ABOVE IS DEEMED INVALID OR UNENFORCEABLE YOU AGREE THAT YOU SHALL NOT SEEK TO, AND WAIVE ANY RIGHT TO, ARBITRATE CLASS OR COLLECTIVE CLAIMS. IF THE ARBITRATION PROVISION IN THIS SECTION IS FOUND UNENFORCEABLE OR TO NOT APPLY FOR A GIVEN DISPUTE, THEN THE PROCEEDINGS MUST BE BROUGHT EXCLUSIVELY IN THE FEDERAL COURTS LOCATED WITHIN DELAWARE, AND YOU AGREE TO SUBMIT TO THE PERSONAL JURISDICTION OF THESE COURTS FOR THE PURPOSE OF LITIGATING SUCH CLAIMS OR DISPUTES, AND YOU STILL WAIVE YOUR RIGHT TO A JURY TRIAL, WAIVE YOUR RIGHT TO INITIATE OR PROCEED IN A CLASS OR COLLECTIVE ACTION, AND REMAIN BOUND BY ANY AND ALL LIMITATIONS OF LIABILITY AND DAMAGES INCLUDED IN THESE TERMS. THIS ARBITRATION AGREEMENT WILL SURVIVE TERMINATION OF YOUR USE OF THE SERVICES AND YOUR RELATIONSHIP WITH SERVICE PROVIDER. THIS ARBITRATION AGREEMENT 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. IF YOU WISH TO OPT OUT OF THE AGREEMENT TO ARBITRATE, WITHIN 30 DAYS OF WHEN YOU FIRST USE THE SERVICES, OR SUBMIT THROUGH THE SERVICES A REQUEST FOR INFORMATION, YOU MUST SEND US AN EMAIL WITH THE SUBJECT LINE “REQUEST TO OPT-OUT OF AGREEMENT TO ARBITRATE” TO THE FOLLOWING ADDRESS: [email protected]. IN THE EVENT YOU OPT OUT OF THE ARBITRATION PROVISION, YOU AGREE TO LITIGATE EXCLUSIVELY IN THE FEDERAL COURTS LOCATED WITHIN DELAWARE USA, AND YOU HEREBY CONSENT AND SUBMIT TO THE PERSONAL JURISDICTION OF SUCH COURTS FOR THE PURPOSES OF LITIGATING ANY SUCH ACTION.
Service Provider respects the copyrights of others, and we ask you to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Services infringe your copyrights, you may request removal of those materials (or access to them) by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
(a) Your physical or electronic signature;
(b) A description of the copyrighted work you claim has been infringed;
(c) A description of the material that you claim is infringing and where such material is located in the Services so that we may locate such work;
(d) Your contact information, such as your email address, telephone number, and mailing address;
(e) 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; and
(f) A statement by you, made under the penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Our designated copyright agent to receive DMCA Notices is:[email protected] you believe that material you posted to the Services was removed or access to it was disabled by mistake or misidentification, or that you have the appropriate authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use any material that you uploaded or used, you may file a counter-notification with ss (a “Counter-Notice”) by submitting written notification to our copyright agent designated above. Pursuant to the DMCA, the Counter-Notice must include substantially the following:
(a) Your physical or electronic signature;
(b) A description of the content that has been removed and the location at which the content appeared before it was removed;
(c) A statement that you have a good faith belief that the content was removed as a result of mistake or a misidentification of the content;
(d) Your name, address, telephone number, and email address; and
(e) A statement that you consent to the jurisdiction of the federal court for the judicial district in which your permanent address is, or, if your permanent address is outside the United States, for any judicial district in which Service Provider is located 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 the Service Provider copyright agent, Service Provider may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in 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 Service Provider’s discretion) be reinstated on the Services in 10 to 14 business days or more after receipt of the counter-notice. We reserve the right to disable and/or terminate the accounts of users who violate our copyright policy and take all other legal actions at our discretion.
If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Any failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to in writing. The section titles in these Terms are solely used for the convenience of the parties and have no legal or contractual significance. These Terms may be assigned in whole or in part by Service Provider. These Terms may not be assigned in any manner by you without the express, prior written permission of Service Provider.Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. Any waiver will be in writing and signed by the waiving party. We may revise these Terms at any time in our sole discretion by posting such revised terms on the terms page of streamwolf.com. Please review the Terms page on a regular basis for changes. Continued use of our Services following any change constitutes your acceptance of the change. If you have questions regarding these terms, please contact us at 2nd Floor Connaught House 1-3 Mount Street (Entrance via Davies Street) London W1K 3NB, [email protected].
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