Strimm Terms of Use

1. Eligibility and Registration

In order to access certain features of the Site and Services, you will have to create a Strimm account and become a "User". To become a User you must be at least 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.

If you are under 18 years of age, then you are prohibited from using any part of the Site, including watching the channels, unless you have direct and constant supervision from your parents or legal adult guardian during the use of the Site. Parents and legal adult guardians should be aware that the Site contains user-generated material and certain parts of the site (e.g., those containing videos with adult or drug or violence themed language or content) may be unsuitable for younger viewers.

The Site may have certain areas that contain adult, drug, violence or mature content with or without notification to viewers. Notwithstanding any provision to the contrary, you must be at least 18 years of age to access or view such areas. No portion of this Site is targeted to minors younger than 16 years old, and any such minor should seek consent of their legal guardian before using this site.

All users of the Site who create playlists featuring adult themed content must indicate that their channel may contain content that is unsuitable for viewers under 18.

When you register, you will be required to provide an email and choose a username and a password. You are responsible for safeguarding your password and you agree not to reveal your password to any third party. You must provide an accurate e-mail address and must continue to maintain the accuracy and accessibility of your e-mail address for the duration of your use of the Service. Strimm reserves the right (but not an obligation) to terminate any accounts where it is unable to reach the owner of the account in a reasonable timeframe by e-mail, or, in any event when the account is not accessed by the owner in a ninety (90) day period, or for any other reason. Please ensure that your e-mail address is always current and that you access your account at least once every ninety (90) days, especially if you registered a channel with a unique name.

You agree that you will be solely responsible for any activities, content or any actions taken inside of your account, whether or not you have authorized such activities or actions. You will immediately notify Strimm of any unauthorized use of your account or password. You agree that the information that you provide to us upon registration, and at all other times, will be true, accurate, current and complete. Without limiting any other provisions of these Terms, you may not use false identities or impersonate any other person or use a username or password that you are not authorized to use. Strimm reserves the right (but not the obligation) to require you to change your username or channel name or password for any reason and may do so at any time.

When you click "Become a Strimmer" during sign-up, your activity is fully compliant with the EU GDPR's Article 6(1b) requirement as a request of the data subject prior to entering into a contract.

No User may attempt to access another User's account without direct authorization of that user. Any such action will result in instant deletion of your account and data and you will be restricted eternally from further use of the Site and Services.

You should print off or save a local copy of the latest version of the Terms for your records.

2. Changes to the Terms

Strimm reserves the right, at its sole discretion, to modify these Terms of Use at any time and without advance notice. Therefore you must look at the Terms regularly to check for such changes.

3. Content on the Site

The Site allows Users to upload, post, link or distribute User-Generated Content (as defined in Section 4). You understand and agree that all user-generated content, feedback, data, comments, suggestions, information, text, data, software, sounds, photographs, audio, audiovisual content, video, artwork, graphics, messages and other content of any nature ("Content") that is transmitted to or via the Site is the sole responsibility of the person from which the Content originated. Strimm cannot verify the copyright ownership or licensing prior to publishing and may not be able to do so after it has been published on the Site. This means you, and not us, are entirely responsible for the Content you transmit through the Site.

You understand that by using the Site you may be exposed to Content that is offensive, objectionable or indecent. If you believe that content placed by another User infringes your copyrights, you may contact Strimm with complete proof of your rights to the Content. However, if Content is linked to the Site from a third-party website or source, including, without limitation, YouTube, Dailymotion, or Vimeo (collectively, "Third-Party Source"), you must contact that Third-Party Source directly. Strimm has no rights or authority to control such Content and does not have the capability to remove content from a third-party website. In most cases Strimm clearly identifies the third-party source of the video content with a logo that appears in the corner of the video display on mouse-over.

Content owners who find their own unauthorized copyrighted material on Strimm through a Third-Party Source should contact the Third-Party Source directly for any complaints, not Strimm.

You understand and agree that you are solely responsible for your own Content and the consequences of posting or publishing it. Strimm expressly disclaims any and all liability in connection with the Content, and we have no liability or responsibility for the storage or deletion of Content that you or any other person submits or posts.

You represent and warrant that you have all required licenses, rights, agreements, and permissions required to post your Content on the Site, and otherwise to use your Content in the manner anticipated by the Services and the Terms.

You shall not (i) create or distribute Content or a username, screen name, channel name, public name, or video room name; or (ii) upload to, link to, distribute through, or otherwise publish through the Site any Content which infringes someone's copyrights, trademarks, or other intellectual property rights, is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, harmful to minors, abusive, illegal or harassing, contains expressions of hatred, bigotry, racism or pornography, is otherwise objectionable, would constitute or inspire a criminal offense, violates the rights of any party or any law, or that you do not have a right to make available under contractual relationships.

Further, you shall not:

• Award any rights, title, or interest in, sell or transfer copies of all or any portion of the Service to other parties in any way not expressly authorized herein, nor rent, lease or license all or any portion of the Service to others;
• Frame or otherwise display any portion of the Site or its contents that is not your User-Generated Content without prior authorization from the owner or Strimm;
• Exploit the Service or any part of it for any commercial purpose without Strimm's express prior written authorization;
• Host, modify or add components to the Service, or use utility programs or other techniques, for any purpose, including unauthorized access to the Site;
• Facilitate, create or maintain any unauthorized connection to the Site and Service, including any connection to an unauthorized server emulating the Service and Site;
• Use the Site and Service in a manner prohibited by any applicable law or government regulation.

You further acknowledge and agree that by using the Service, you may be exposed to Content that is inaccurate, offensive, indecent, or otherwise objectionable to you. You waive any legal or equitable rights or remedies you have or may have against Strimm with respect to any such Content.

You shall not upload to, distribute through or otherwise publish through the Site Content that contains viruses or any other computer code, corrupt files or special programs designed to interrupt, destroy or limit the functionality of the Site or any third party's equipment, nor affect other Users' ability to interact with the Site or collect their personal data without their prior authorization.

Strimm reserves the right (but not the obligation) to decide whether your Content complies with these Terms, and may remove such Content and terminate a User's access if Content violates these Terms at any time, without prior notice and at its sole discretion.

4. Ownership of Content and Trademarks

The Service enables you to create playlists and schedule broadcast using third-party Content or your own and to make it available through the Site to others. Such Content may include, without limitation, video playlists, derivative video works, videos, audio, text, software, graphics, images, channel logos and information. All such Content made available by you or by other Users is referred to in these Terms as "User-Generated Content." Content exclusively uploaded, linked, or posted by you is referred to as "Original User-Generated Content."

When you upload or post your User-Generated Content to Strimm, you grant:

• To Strimm, a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, show any types of advertisement on your channels and during video broadcast, prepare copied works of, display, make derivatives, including Original User-Generated Content available to the public, broadcast and publicly perform that Content in connection with the provision of the Service and Strimm's business, including for promoting and redistributing part or all of the Service in any media formats and through any media channels;
• To each user of the Service, a worldwide, non-exclusive, royalty-free license to access your Content through the Site.

You acknowledge and agree that Strimm may or may not, in its sole discretion, share advertisement revenue with third parties or with you resulting from advertisement or sponsorships placed on any portion of the Site controlled by you. The above licenses granted by you are permanent and irreversible. You may revoke this license at any time by requesting to terminate your account; the license will remain effective until Strimm has terminated your account within a commercially reasonable amount of time.

With the exception of Original User-Generated Content, you are not granted any right or license, or ownership including any copyright, trademark and other intellectual property rights, to any Content submitted or posted on the Site. Third-party brands, trademarks or service marks present on Content not uploaded or posted by you belong to their respective owners. Such Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose without Strimm's prior written consent.

You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Services, Content or related products and services, and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Site and Content.

You acknowledge that Strimm has limited capability to control or monitor possible infringement of intellectual property rights by other parties and assumes no responsibility for controlling or monitoring such rights, nor for enforcing or protecting your intellectual property rights or taking legal action against infringers. Strimm cannot recover content downloaded by others; its actions upon withdrawal are limited to removing access to your Original User-Generated Content on Strimm servers and attempting to inform sub-licensees of such revocation where practicable.

5. Commercial Usage of Content by Strimm

If Strimm has occasion to make commercial use of your Original User-Generated Content, Strimm may or may not notify you and may or may not provide you the opportunity to participate in revenues generated from such use. Strimm may place general advertising on the Site, including on any portion controlled by you, without any obligation to share revenue with you. Such advertisements are required to cover costs of managing and developing the Site and Services.

Strimm may have subscription revenue services and enterprise sales or other revenue streams which Strimm may create and maintain at its own discretion and under no revenue-share obligation to you. Strimm is not obligated to share its revenues with any User under any circumstances.

You agree not to reproduce, transmit, sell, or otherwise exploit the Site and its Content for any commercial purpose without Strimm's prior written consent.

6. Forbidden Content and Use

You are not allowed to use any automated system or software that accesses the Site, including your channels, in a manner that sends more request messages to the Strimm servers than a human can reasonably produce during casual browsing with a conventional web browser. You are not allowed to create artificial views of your videos and channels using an automated system rather than actual viewers.

You agree not to collect or harvest any personally identifiable information, including channel names and content, from the Site, nor to use the Site's communication systems for commercial solicitation.

Any User is solely responsible and liable for any User-Generated Content the User uploads, posts, links from a Third-Party Source, inputs, publishes or otherwise distributes using the Service. Prohibited User-Generated Content includes, but is not limited to, content that:

• Is an illegal or unauthorized copy, in whole or in part, of another person's copyrighted or copyrightable work;
• Discloses trade secrets without proper authorization or otherwise infringes proprietary rights of a third party;
• Misleads or misrepresents the source or identity of any material;
• Is unlawful, inappropriate, obscene, defamatory, libelous, threatening, abusive or harassing;
• Promotes racism, bigotry, hatred, terrorism or physical harm against any individual or group, or encourages conduct that would be a criminal offense or create civil liability;
• Shows pornography, excessive nudity, or cruelty, or is false or deceptive;
• Violates the privacy or publicity rights of any person;
• Exploits people under the age of 18 in a sexual or violent manner;
• Is unlawful under the laws of any individual country, state, or locality, or any international treaty or convention;
• Interferes with the proper functioning of the Service or Site or violates any other term of these Terms.

You should not post any User-Generated Content if you are in doubt about its legality or chain of title. Strimm is unable to monitor all User-Generated Content on the Site and does not endorse any User-Generated Content or opinion, recommendation, or advice that may be expressed. Strimm may, without notice, remove or block any User-Generated Content and may terminate your access and refer the Content to law enforcement authorities if a crime has been or is about to be committed.

7. Strimm Services, Including Paid Subscriptions

License to Use Our Services

Subject to this Agreement, we grant you a limited, non-exclusive, non-transferable license to use our paid services on a single website, in accordance with these Terms, for your personal or business use and not for resale or further distribution. Except for your pre-existing rights and this license, Strimm and our licensors retain all rights, title and interest in and to our Services, including all related intellectual property rights.

Paid Services and Auto-Renewal

Please see our subscription and sales pages for current subscription plans, single-sale items, features and pricing. Features and prices are subject to change. Additional terms apply to custom accounts. All fees may be subject to taxes. By default, all recurring subscriptions are set to automatically renew for the same period as the original subscription. You may decline to renew at any time prior to the commencement of a renewal subscription. Your payment obligations commence on the day you access the Site or Services and continue until your subscription or account is cancelled (the "Term"). You authorize Strimm to charge your credit card, PayPal account, or other payment method on each renewal term, on the calendar day corresponding to the day you first subscribed. If your subscription began on a day not contained in a subsequent month, Strimm will process payment on the last day of that month.

Free Trial Period

If you sign up online for a plan with a free initial trial period (the "Free Trial"), you must provide a valid payment method. If you do not cancel within the Free Trial period, your payment method will automatically be billed starting on the first day after the Free Trial ends. If you cancel prior to the beginning of the paid period, no charges will be processed.

Purchases by Authorization Form or Invoice

If an Authorization Form or Invoice is issued, you agree to pay all fees as described. Strimm shall invoice you in the currency set forth on the Authorization Form or Invoice. Unless otherwise stated, all invoices are payable within 30 days of the invoice date. Disputed amounts do not affect payment of non-disputed amounts.

Late Payment

If amounts due are not received by the due date, charges may accrue late interest at 12% per year or the maximum rate permitted by law, whichever is lower. Strimm may suspend your access and restrict or terminate your account if payment is not received on the due date.

Termination / Cancellation of Services and Subscriptions

If you violate these Terms, miss subscription payments, abuse the Services, or create risk or legal exposure to Strimm, Strimm may terminate or suspend your account at its sole discretion. You may also request to cancel your account, subscription, or any paid service at any time by contacting [email protected]. Fees paid during a billing cycle are non-refundable, even if your account is later terminated. If your account is terminated for breach of these Terms, you will not receive a refund and may not re-register for the Services; Strimm may block your email address and IP address to prevent re-registration. Strimm reserves the right to charge a penalty fee for reactivation of a cancelled subscription.

Effect of Termination of Account, Service, or Subscription

If you or Strimm cancel your subscription, access to the subscribed services will be terminated. The channel, schedule and content you created may no longer be available to you and your audience. Strimm is not responsible for any loss caused by termination of access. For example, if a channel was embedded on your website and the subscription is later terminated, the embedded channel may disappear from your site, which may affect your own business — Strimm holds no liability for such effects.

Taxes and Withholdings

You are responsible for paying all taxes associated with your purchase of services. If Strimm has a legal obligation to collect taxes for which you are responsible, the appropriate amount will be invoiced to and paid by you, unless you provide a valid tax exemption certificate. Payments are made free and clear of deductions or withholding for taxes; if withholding is required, the payable sum shall be increased so Strimm receives the full amount it would have received absent the withholding.

Other Purchases

Purchases of other products and services through the Service are subject to these Terms and any other terms presented at the time of purchase.

No Use of the Account

If you do not log in to your account for more than 365 days and have no active, paid subscriptions, Strimm reserves the right to permanently delete your videos, channels, and close your account without notification, to release server space.

8. Service Availability

Strimm uses all reasonable means to ensure the Service is available 24 hours a day, 7 days a week. There may be occasions when the Service is interrupted for maintenance, upgrades, excessive loads, emergency repairs, or due to failures of telecommunications links, servers, equipment, or software beyond Strimm's immediate control.

Strimm may add or remove features or functionality at any time without notice, and has the right to shut down the Service completely at its sole discretion. Strimm shall not be liable for any such interruption, modification, suspension, or discontinuance of the Services.

9. International Use of the Site

Recognizing the worldwide nature of the Internet, you agree to comply with all local rules and regulations regarding online conduct and acceptable Content, and to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

10. User-Created Names on the Site

As part of the Service, a user may create a unique username/public name, board or network name, video room name, channel name, or other custom name, resulting in a custom channel URL in the form strimm.com/publicname/channelname. Strimm reserves the right, but has no obligation, to revoke any name, disable a particular URL or account, if such name, URL, or account violates someone's trademark, these Terms, or for any other reasonable cause.

As general guidance, chosen names should not include:

• Trademarks, service marks, brands, or names of well-known companies that are not yours, or variations that could reasonably be confused with the original owner (e.g., adding digits or words like "TV" to an existing trademark);
• Names of well-known music bands, celebrities, individuals, movies, TV shows, landmarks, or sports teams that are not yours (though clear variations like "WorldOfFrankSinatra" are allowed);
• Direct names of a country or city, unless you officially represent that government (variations like "BestOfFrance" are allowed);
• Names of major genres directly (e.g., strimm.com/comedy), though genre variations like strimm.com/comedyworld are allowed;
• Names that are misleading or gain a benefit through misleading people;
• Content of an adult, violent, or offensive nature, or that promotes racism, bigotry, hatred, or harm against any group or individual;
• Personal information of another person, including their name, address, social security number, or telephone number;
• Names that could reasonably be confused with a present or future Strimm service or page (e.g., strimm.com/sales).

Strimm recommends choosing a more personal or unique name, such as strimm.com/AlexTV. No user may register a unique channel name they do not intend to use during the next ninety (90) days. Strimm reserves the right to monitor name registration and account activity and reclaim, disable, or otherwise prevent use, or revoke names without warning, where there is no activity for ninety (90) days or more, or where the Terms are violated.

11. Interactions Between Users

You are exclusively accountable for your interactions, including any disputes or posts, with other Users. Strimm is not able to know or monitor all Users and their interactions on the Site and offline. You are solely responsible for exercising caution, discretion, and good judgment in using the Site and disclosing personal information to other Users, particularly if you decide to meet a User offline or in person. Strimm is not liable to you or any third party relating to your interactions with other Users. Strimm reserves the right to contact Users, in compliance with applicable law, to evaluate compliance with these Terms, and you will cooperate fully with any investigation of suspected unlawful, fraudulent, or improper activity.

12. General Use and Storage

We may establish general practices and limits concerning use of the Service, including the maximum number of days Content will be retained, the maximum amount of Content that may be sent or received, the maximum size of Content materials, the maximum disk space allotted, and the maximum frequency and duration of access in a given period. We reserve the right to disable or terminate any account for any reason.

13. Copyright Policy

By using the Services and accepting these Terms, you also accept our Copyright Policy, which is incorporated by reference herein.

14. Privacy

By using the Services and accepting these Terms, you accept our Privacy Policy, which is incorporated by reference herein.

15. Disclaimers

Your use of the Site, Services, Content and User-Generated Content is at your sole discretion and risk. The Site, Services, Content and User-Generated Content, and all materials, information, products and services included therein, are provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind.

Channels and User-Generated Content posted by Users may contain links to other websites and third-party video streams. Strimm is not responsible for the content, quality, accuracy, or opinions expressed on such websites or in such videos, and such material is not investigated, monitored, or checked by Strimm.

Strimm expressly disclaims any and all warranties of any kind, whether express or implied, including implied warranties of proper content, quality and availability of the Service, quality of broadcast, merchantability, suitability for a particular purpose, and non-infringement. Without limiting the foregoing, Strimm makes no representations or warranties regarding the security, accuracy, reliability, timeliness or performance of the Site, Content or Services; that the Site, Services, Content or submissions will be error-free or corrected; that the Services will be uninterrupted, error-free, or permitted in your jurisdiction; concerning any Content submitted by any user; that submitted Content will be made available or stored; that the Services will meet your business needs; or that Strimm will continue to support any particular feature.

Strimm takes no responsibility for third-party advertisements posted on the Site or in videos, nor for goods or services mentioned by its advertisers. Strimm is not responsible for problems or technical failures of any network, computer system, server, provider, equipment, software, email, or player, nor for any injury or damage related to participation in or downloading Content in connection with the Services. Under no circumstances shall Strimm be responsible for any loss or damage, including personal injury or death, resulting from use of the Service, Content posted on or through the Service, or the conduct of any Users, whether online or offline.

Strimm reserves the right to modify the Services and assumes no liability for such modifications, and cannot guarantee or promise specific results from use of the Services. To the extent any disclaimer or limitation does not apply, all applicable express, implied, and statutory warranties will be limited in duration to ninety (90) days after you first used the Services, and no warranties shall apply after that period.

16. Limitation of Liability

To the fullest extent allowed by law: Strimm shall not be liable to you or any third party for any direct, indirect, incidental, special, consequential, or exemplary damages, including damages for loss of profits, goodwill, use, data, or other intangible losses; and Strimm's total liability to you shall not exceed the amounts paid by you to Strimm over the thirty (30) days preceding your claim(s).

Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. If you disagree with these Terms, your sole and exclusive remedy is to discontinue using the Site and Services.

17. Indemnity

You agree to indemnify, hold harmless, and defend Strimm and its licensors, suppliers, officers, directors, employees, agents, affiliates, subsidiaries, successors and assigns (collectively "Indemnified Parties") from and against any and all liability, loss, claim, damages, expense, or costs (including attorneys' fees) incurred by or made against the Indemnified Parties in connection with any claim arising from or related to: your use of and access to the Site; your violation of any provision of these Terms; your violation of any third-party right, including copyright, property, or privacy right; your User-Generated Content uploaded, linked to, or posted on the Site; any commercial products you offer on or through the Site; or any claim that one of your actions caused damage to a third party. You agree to fully cooperate, at your expense, as reasonably required by an Indemnified Party.

18. Assignment

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Strimm without limitation and in Strimm's sole discretion.

19. No Third Party Beneficiaries

You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to this Agreement.

20. General Legal Terms

Headings are for convenience only and shall not be used to construe the terms of this Agreement. If any term is found invalid or unenforceable by a court of competent jurisdiction, that term will be severed from this Agreement. No failure or delay by Strimm in exercising any right will waive further exercise of that right. Strimm's rights and remedies hereunder are cumulative and not exclusive.

These Terms constitute the entire understanding and agreement between you and us regarding use of the Site, superseding any prior agreements. Additional terms may apply when you use or purchase certain other services, affiliate services, third-party content, or third-party software.

These Terms (and any linked policies) shall be governed by the laws of the State of Illinois, United States of America, without regard to principles of conflicts of law. The Uniform Commercial Code, the Uniform Computer Information Transaction Act, and the United Nations Convention on Contracts for the International Sale of Goods shall not apply.

Strimm shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including acts of God, war, terrorism, riots, embargoes, power outages, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, fuel, energy, labor, or materials.

Strimm may provide you with notices, including changes to these Terms, by email, regular mail, or postings on the Site. For support-related inquiries, contact us using the tools on the Site or by mail: Strimm, Inc., Attention: Legal Department, 113 McHenry Rd., Unit #147, Buffalo Grove, IL 60089, USA. Nothing herein shall limit Strimm's right to object to subpoenas, claims, or other demands.

This Agreement may not be modified except by a revised Terms of Service posted by Strimm on the Site or a written amendment signed by an authorized representative of Strimm; a revised Terms of Service is effective as of the date it is posted. This Agreement is binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. No third party shall have any rights hereunder.

21. Arbitration Agreement; Class Waiver; Waiver of Trial by Jury

Please read this Section ("Arbitration Agreement") carefully. It is part of your contract with Strimm and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

Claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms or the use of any product or service provided by Strimm that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and Strimm, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.

Notice Requirement and Informal Dispute Resolution

Before either party may seek arbitration, the party must first send the other party a written Notice of Dispute ("Notice") describing the nature and basis of the claim and the requested relief. A Notice to Strimm should be sent to: Strimm, Inc., 113 McHenry Rd., Unit #147, Buffalo Grove, IL 60089, USA, and copied by email to [email protected]. After the Notice is received, the parties may attempt to resolve the dispute informally for thirty (30) days before either party may begin arbitration.

Arbitration Rules

Arbitration shall be initiated through the American Arbitration Association ("AAA"). If AAA is unavailable, the parties shall select an alternative ADR provider. The AAA Consumer Arbitration Rules govern the arbitration and are available at www.adr.org or by calling 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Claims under $10,000 may be resolved through binding non-appearance-based arbitration at the option of the party seeking relief; claims of $10,000 or more follow the AAA Rules for hearings. Hearings will be held within 100 miles of your residence unless you reside outside the U.S. Judgment on the award may be entered in any court of competent jurisdiction. If the arbitrator grants you an award greater than Strimm's last settlement offer, Strimm will pay you the greater of the award or $2,500.00. Each party bears its own costs and an equal share of the ADR Provider's fees.

Additional Rules for Non-Appearance Based Arbitration

If elected, arbitration shall be conducted by telephone, online, or based solely on written submissions, as chosen by the party initiating arbitration, without personal appearance unless otherwise agreed.

Time Limits

Arbitration must be initiated within the statute of limitations and within any deadline imposed by the AAA Rules for the pertinent claim.

Authority of Arbitrator

The arbitrator will decide the rights and liabilities of you and Strimm; the dispute will not be consolidated with other matters or joined with other cases or parties. The arbitrator has authority to grant dispositive motions, award monetary damages, and grant non-monetary relief available under applicable law, the AAA Rules, and these Terms. The arbitrator shall issue a written award describing the essential findings and conclusions, including any damages calculation. The award is final and binding.

Waiver of Jury Trial

THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY, electing instead that claims and disputes be resolved by arbitration. In litigation to vacate or enforce an arbitration award, YOU AND STRIMM WAIVE ALL RIGHTS TO A JURY TRIAL, electing that the dispute be resolved by a judge.

Waiver of Class or Consolidated Actions

ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.

Confidentiality

All aspects of the arbitration proceeding, including the award and compliance with it, shall be strictly confidential, except as required by law or to enforce this Agreement, enforce an arbitration award, or seek injunctive or equitable relief.

Severability, Right to Waive, Survival

If any part of this Arbitration Agreement is found invalid or unenforceable, that part shall be severed and the remainder shall continue in full force and effect. Any rights or limitations under this Arbitration Agreement may be waived by the party against whom the claim is asserted, without waiving any other portion. This Arbitration Agreement survives termination of your relationship with Strimm.

Small Claims Court; Emergency Equitable Relief; Claims Not Subject to Arbitration

Either party may bring an individual action in small claims court, or seek emergency equitable relief before a state or federal court to maintain the status quo pending arbitration. Claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party's patent, copyright, trademark, or trade secrets are not subject to this Arbitration Agreement.

Courts; Governing Law

Where the Arbitration Agreement permits litigation in court, the parties agree to submit to the personal jurisdiction of the courts located within Cook County, Illinois. These Terms and any related action will be governed by the laws of the State of Illinois, consistent with the Federal Arbitration Act, without regard to conflict-of-law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

22. Agreement to Accept Third-Party Source Policies and to Be Bound by the Third-Party Source Terms

Strimm's Site uses YouTube API Services. By using the Site, you agree to accept, obey, and be bound by the following Third-Party Source Terms and Policies:

• YouTube Terms of Service
• Google Privacy Policy
• YouTube API Services
• Vimeo Terms of Service
• Vimeo Privacy Policy
• Dailymotion Terms of Use
• Dailymotion Privacy Policy
• Facebook Terms of Service
• Facebook Privacy Policy

You have the right to revoke access to certain data and information via the Google security settings page.