When you create an account on SPLTstream.com you agree to all the terms and conditions. This agreement (the 'Agreement') governs the relationship between you and SPLTstream regarding the use of services on SPLTstream website and software. This Agreement constitutes the entire agreement between SPLTstream and you (“Broadcaster”), with respect to your use of the interactive, streaming video and text communication platform (the “Platform”) available through SPLTstream. The term “Site” includes the content SPLTstream.com, all of our services provided on or through the Site and any software that we make available on or through the Site (the "Software"). You must agree to abide by all of the terms and conditions contained in this Agreement in order to become or remain an authorized user of the Platform. BY USING THE PLATFORM YOU ARE AGREEING TO BE BOUND BY THIS AGREEMENT, INCLUDING ANY AND ALL AMENDMENTS THAT WE MAY MAKE TO IT FROM TIME TO TIME.
By using SPLTstream, you are making the following Statement: "UNDER PENALTY OF PERJURY I swear/affirm that as of this moment:
Cam Site– The camming sites you will be multi-streaming to (ie chaturbate, bongacams, camsoda, cam4, but not limited to these sites).
User – The visitor who sign up to the services of the Cam Sites, including but not limited to chaturbate, bongacams, camsoda, and cam4.
Adult Service Provider (ASP)/Performer/Broadcaster – An adult person older than age 18 or 21 in some region, who provides shows, chats or interacts with visitors of the site.
Revisions to this Policy and Platform
We reserve the right to revise and amend this Agreement at any time and in any manner. Any time any changes are made to this Agreement, the “Last Updated” date at the top of this page will be updated to the date such changes were made. You agree to regularly review this Agreement to confirm no revisions have been made to it. Should you not agree to any new changes, you must immediately terminate your account (if any) and cease accessing the Platform. Your right to use the Platform is subject to any limitations, conditions, and restrictions established and enforced by us from time to time, in our sole discretion. We may alter, suspend, or discontinue any or all aspects of the Platform at any time, including the availability of any Platform feature, database, or content. We may also impose limits on certain features and aspects of the Platform or restrict your access to parts or the entire Platform without notice or liability.
SPLT Stream only consents the use of its platform for adults ages 18 years of age and older. Minors are prohibited from using our platform. Additionally, it is prohibited to upload an image of any minor to our platform for any reason. Please be advised that we reserve the right to and do report each and every suspected minor to the National Center for Missing and Exploited Children and any and all other law enforcement agencies we feel appropriate. If you believe that a minor is using the site, we strongly request and encourage you to report each and every user he or she encounters which he or she believes or suspects to be under the age of 18. If you are a minor you are not legally permitted on Spltstream.com for any reason.
The Platform is a software platform providing muti-streaming, social networking capabilities including text, video, images, and chat service whereby individuals accessing the Platform (each a "Broadcaster") may create and share with Cam Sites and their associated Users audio, video, text, interactive, and live content which may include content of an adult nature. Through a subscription with SPLTstream, Broadcasters are able to broadcast their live streaming video through the Platform, subject to the restrictions set forth in these Terms, which restrictions have been put in place to comply with applicable law, community standards, and for the safety of the Community Members. Subject to safety and legality required rules, Broadcasters may produce and broadcast (or not broadcast) as and when they determine. Broadcasters may not, through the Platform, promote or advertise any entity, product, service, or website that delivers live-streaming content.
INTRODUCTION AND DESCRIPTION OF SERVICE
When you access the Platform, you understand that you may provide graphic depictions of nudity, exposed genitals and engage in explicit sexual activity consisting of heterosexual, bi-sexual, homosexual and fetish activities, as well as sexual acts involving more than 2 individuals. By using the Platform, you expressly acknowledge that you wish to provide such materials.
NO ACCESS BY MINORS AND NO EXPLOITATION OF CHILDREN
This Platform is for Adults Only. In order to access and use the Platform, you must be at least 18 years old or the age of majority in your jurisdiction, whichever is older (the "Age of Majority"). IF YOU ARE NOT OF THE AGE OF MAJORITY, YOU MUST IMMEDIATELY LEAVE THE PLATFORM. By accessing and/or using the Platform you agree that you have reached the Age of Majority and acknowledge that we have the sole and absolute right to terminate your Account if we believe you are in violation of this requirement. If we believe you are in violation of this Age of Majority requirement, we will report you to law enforcement.
Law Enforcement Reporting. We reserve the right to and do report suspected violations of the Platform's minimum age requirement to the National Center for Missing and Exploited Children ("NCMEC") and any and all law enforcement and other organizations we may feel appropriate, in our sole discretion.
No Child Pornography. For the purpose of these Terms, "Child Pornography" includes, but is not limited to (i) any materials showing a person under the Age of Majority in a state of undress, or engaged in any suggestive or sexual acts of any kind; (ii) any materials that simulate the foregoing, such as dolls, animated films or shorts, adults made to look like children or suggest that they are below the Age of Majority; and, (iii) discussion of child pornography or child exploitation. Child Pornography and the exploitation of children is a serious crime. All Community Members are strictly prohibited from using the Platform to distribute, access, or solicit Child Pornography or engage in any conduct or discussion exploitative of a person below the Age of Majority, including by way of role play. If you see anything on the Platform that violates this provision or seems questionable, report it immediately to us at firstname.lastname@example.org. We will immediately investigate any claim and take the appropriate action. IF YOU ARE SEEKING OR HAVE AN INTEREST IN ANY TYPE OF PEDOPHILIC OR PEDERASTIC CONTENT, YOU MUST IMMEDIATELY LEAVE THIS SITE. YOU WILL BE BANNED FOR EVEN DISCUSSING SUCH ACTIVITY OR ENGAGING IN INAPPROPRIATE ROLE PLAY. FURTHER YOU WILL ALSO BE BANNED FROM THE PLATFORM AND REPORTED TO NCMEC AND/OR LAW ENFORCEMENT FOR DISCUSSING OR ARRANGING TO DISCUSS MINORS ON ANOTHER PLATFORM. SIMPLY PUT, PEOPLE WITH INTERESTS IN CHILDREN, INCLUDING EVEN JUST ROLE PLAY, ARE NOT WELCOME TO USE THE PLATFORM AND WILL BE DEALT WITH IN THE HARSHEST MANNER POSSIBLE.
Section 230 of the Communications Decency Act. The Platform is a platform with content provided by Independent Broadcasters, and pursuant to Section 230 of the Communications Decency Act, we are immune from suit for materials published through the Platform by Community Members. As such, we are not liable for content published by Broadcasters. As we operate an online platform and we are not in the business of producing or presenting cam broadcasts, we have endeavored to keep our rules to a minimum imposing only those we feel are necessary for the safety of Community Members, to comply with applicable law, and the continued operation of the Platform.
YOUR ACCOUNT AND GENERAL TERMS APPLICABLE TO ALL BROADCASTERS
Member Account and Password. In order to access the Platform, you must create an account (your "Account"). In creating an Account, you will be prompted to create a username, password, as well as certain personally identifiable information. In order to use the SPLstream Platform, you will be prompted to input a payment method. This information is received and held by a third-party payment processor who, subject to their terms, will store your payment information for future use through the Platform. The charge on your credit card bill will appear as your company name on your credit card statement. You are solely responsible for any and all activities conducted and purchases made through your Account.
Studio Accounts. Individuals who wish to create a studio account (a "Studio Account") through the Platform must comply with our rules for setting up a Studio Account. If these rules are complied with, such Account will be considered a "Studio" on the Platform. For all Accounts under a Studio, the Studio is deemed the owner of all Accounts in such Studio Account ("Studio Sub-Accounts"). The information, images, and data associated with all Studio Sub-Accounts may not be transferred away from or shared with another Account without the applicable Studio's consent, absent what we may deem, in our sole and exclusive determination, to be extraordinary circumstances.
Security of your Account. You are solely responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your username and password, including without limitation any unauthorized access to the Platform caused by you, including access which may violate applicable laws and/or subject you to criminal prosecution. This will result in your immediate ban from the Platform and deactivation of your Account. We will not release your password for security reasons. You agree to (i) immediately notify us of any unauthorized use of your username or password or any other breach or suspected breach of security, and (ii) ensure that you log out of your Account each time you stop interacting through the Platform. We highly encourage all Broadcasters to turn on two-factor authentication if available to ensure the security of their Account.
Billing. The charge on your credit card bill will appear as SPLT Stream LLC. on your credit card statement. By providing your payment information, you expressly consent to the use of third-party payment processors to facilitate any and all transactions you may elect to make through the Platform. It is your sole responsibility to make sure that your billing information is up to date. If you believe that you have been erroneously billed, please notify us immediately of such error. If we do not hear from you within 30 days after such billing error first appears on any account statement, such fee will be deemed accepted by you for all purposes, including resolution of inquiries made by your credit card issuer. You release us from all liabilities and claims of loss resulting from any error or discrepancy that is not reported to us within 30 days of its publication.
Refund Policy. Unless otherwise specified, SPLTstream software subscription purchases may be refunded on a case by case basis.
Videos and Images Offered by Broadcasters. Broadcasters may create or otherwise make available video, photo, or other content containing content and intellectual property that they own or have a license to use ("Broadcaster Content"). In making available Broadcaster Content on a Cam Site, you agree that you have granted to that User, and represent that you have the right to grant, a perpetual, irrevocable license to access and view such content through the Cam Site.
Private Shows. All Broadcasters acknowledge and agree they are aware that all private shows may be recorded by Cam Sites by default and such recordings are provided to the applicable Users who purchased such private shows; provided, however, some Cam Sites allow Broadcasters to disable this recording option at any time in account settings.
Warning Regarding Streaming Content. SPltstream and the related Cam Sites we connect to provides functionality allowing Broadcasters to stream/broadcast using their webcams. It is possible that other Users might, without your permission, unlawfully record, make copies of, store, re-broadcast, distribute, publish or otherwise share your broadcast online or through other media forms. You assume all risk for your broadcasts and hereby release and agree to indemnify and hold us harmless us for all actions arising out of such activities, including without limitation invasion of privacy, defamation, and/or intellectual property infringement. All information and content you determine to share or stream through the Platform, including in "private" and/or password protected situations, is considered public information.
Use of Information on the Platform. We cannot ensure the security or privacy of information (including, without limitation, text, images, and videos) you provide or share through the Platform. We are not responsible for, and cannot control, the use of any information, by anyone, that you provide or make available to other parties through the Platform or third party Cam Sites. Use caution in deciding what personal information you share with others through the Platform. We cannot assume any responsibility for the content of any message sent by any User on the Platform or individual Cam Sites. You release us from any and all liability in connection with the content(s) of any communication(s) you may receive from other users.
Public Information/Caution in Sharing Information. All information and/or content you choose to post and/or share through your profile on the Platform or third party Cam SItes, through chat (including private chat or "direct message"), and all content you stream or otherwise share through the Platform is considered public information. You agree to limit the information you share through the Platform keeping in mind we cannot control the use of such information by those with whom you share your information.
On- or Off-Platform Interactions/Meetings. We do not recommend or condone any form of interaction between Broadcaster and Users outside of the Platform and, as disclosed elsewhere in these Terms, your use of and interactions through the Platform are done at your own risk. Use of the Platform to arrange face-to-face meetings for the purpose of engaging in illegal activity is strictly prohibited and will subject your Account to immediate termination. If you elect to legally interact with any Community Member outside of the Platform, you do so at your own risk, and you acknowledge and agree that we are not responsible for any consequences of your election to interact with anyone, whether in person or otherwise, outside of the Platform. We cannot and will not intervene in any matters or disputes which take place outside of the Platform including with respect to situations where we are provided third party screen captures or records as we cannot verify such screen captures or records.
You may terminate your Account and/or your Subscription. You agree to be personally liable for any and all charges incurred, and remaining balances owed to your Account/username. Upon our processing of your request to terminate your Account, you will no longer have access to the non-public areas of the Platform.
By Us. We may, in our sole discretion, terminate or suspend your access to all or part of the Platform at any time, with or without notice, for any reason or no reason at all, including, without limitation, breach of this Agreement. Without limiting the generality of the foregoing, any activity which we believe, in our sole discretion, to possibly be illegal, fraudulent, abusive, or in violation of our community standards, or our rules, may be grounds for termination of your access to all or part of the Platform at our sole discretion, and we reserve the right to refer any such activity to any appropriate law enforcement agencies.
Effect of Termination. You accept that when you cancel your Account you will be automatically locked out of the Platform, and will no longer be able to access your Account, including any and all Broadcaster Content and Data. You also agree and accept that upon termination of your Account, we have no obligation to maintain or store any content, mail or other materials connected to or in your Account and that such information may be irretrievable.
Representations by Broadcasters
You represent and warrant the following:
You are familiar with the laws in your area that may affect your legal right to transmit erotica or adult-oriented material and, by your accessing the site, you are representing and warranting that you are not prohibited by law from accessing or using the Platform or transmitting in any way any adult-oriented material.
You are not a registered sex offender in any jurisdiction and have never been convicted of any type of sexual crime against any person or animal.
You are voluntarily choosing to proceed with your use of the Platform because you want to provide various content, including, without limitation, content of an explicit adult nature for Users personal enjoyment, information, and/or education.
You are familiar with the standards in your community regarding acceptance of sexually-oriented materials, and the materials you expect to provide through use of the Platform are within your community standards. Should the content you provide through the Platform not meet your community standards, you will immediately cease use of the Platform.
You have not notified any governmental agency, including the U.S. Postal Service, that you do not wish to receive sexually oriented material
You will not violate any civil or other rights of any other Community Member or any third party.
Any content that you upload or stream will be your original work and not infringe the intellectual property rights of any third-party.
You agree that:
You will follow all applicable laws governing your use of the Platform; and
You will not violate any provision of these Terms.
Broadcaster Indemnities. An indemnity is your obligation to cover us for certain losses, whether monetary or otherwise relating to or arising out of certain actions by you. This section creates an obligation on your part to protect us in these instances and is a material inducement on our part to provide the Platform. You hereby agree to hold harmless, defend and indemnify SPLTstream and its subsidiaries, affiliates and all past and present employees, officers, directors, shareholders, managers, members, agents, nominees, attorneys, successors and assigns from and against any and all claims, losses, liabilities, costs and expenses, including, without limitation, attorney's fees, losses of or damage of any and all kinds, related to or arising from this Agreement or the use of our software. Again, if you do not agree to these Terms, you may not access or use the Platform and should immediately exit the Platform.
Obligations Under 18 U.S.C. §2257. You should be aware that, pursuant to United States federal law, any visual depictions that you post, share or perform on or through the Platform which portray "actual sexually explicit conduct", "depictions of the genitals or pubic area", or "simulated sexually explicit activity", as those terms are defined in 18 U.S.C. §2256(2)(A)(i)-(iv) and §2257A, require that you maintain the records listed under 18 U.S.C. §2257, and any such postings must contain a "18 U.S.C. §2257 Record-Keeping Requirements Compliance Statement." Your failure to comply with the provisions of 18 U.S.C. §2257 may make you subject to criminal and civil prosecution for the violation of federal law.
Content Submitted to the Platform. When you broadcast or upload Broadcaster Content to the Platform, you hereby grant us a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of, and perform the Community Broadcaster Content in connection with delivering the Platform and for marketing and advertising the availability of the Platform in any media format we choose. You will not submit content that you did not create, own, or to which you do not have the legal right to submit. This restriction includes the submission of any third-party content. Broadcaster Content will comply with these Terms and the Code of Conduct. You represent and warrant that all Broadcaster Content is your content and does not infringe upon the intellectual property rights of any third-party. You will indemnify and hold us harmless for any and all losses, damages or costs relating to or arising out of a claim that your Community Broadcaster Content infringes the intellectual property rights of any third-party.
Deleting Broadcaster Content. You must request the deletion of Broadcaster Content submitted by you by contacting each individual Cam Site you are streaming to. We do NOT retain copies of any Broadcaster Content, therefore Broadcasters will need to reach out to each Cam Site directly to request deletion of Broadcast Content.
No Endorsement for Broadcaster Content. We do not endorse or recommend, nor do we have or assume any obligation to monitor any Broadcaster Content streamed or otherwise shared through the Platform by any User, Broadcaster or third party Cam Site; and, we hereby disclaim any and all liability with respect to Broadcaster Content. We do not permit any copyright infringing activities or any Broadcaster Content that infringes on our intellectual property rights or those of any party or third party. We will remove any Community Content where we are properly notified of such infringement as set forth below. We may remove any such Broadcaster Content without any notice. Our means of identifying Broadcaster Content that may infringe upon a third party's rights or which is illegal or violates our code of conduct, is dependent on properly presented notifications from third parties claiming that their rights have been violated. For Broadcaster Content which is offensive or which you believe is illegal, notify us.
Repeat Infringer. We will terminate the Accounts of any Broadcaster who is determined to be a repeat infringer.
Infringement and the DMCA. We respect the creative efforts of Broadcasters and have no tolerance for anyone's use of a third party's intellectual property without such third party's express permission. If you are a copyright owner and believe that your work has been copied or in any way distributed or shared through someone's use of the Platform in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please contact us
Infringement Counter-Notice. If your Broadcaster Content was removed (or access to such Community Broadcaster Content was disabled), and your Broadcaster Content is not infringing, or if you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your Community Broadcaster Content, you may provide a counter-notice
CODE OF CONDUCT
You understand that we do not create or publish content. Instead, we provide a platform to provide others with the ability to share their own content which they have all rights and permissions to share. We work to implement only minimal rules intended to respect the rights of others and comply with applicable law, and so that the Platform remains a safe location for Broadcasters to express themselves. These community rules are guidelines for what is permissible through the Platform and are subject to change. In order to ensure the Platform remains an opening and welcome place for users, we have instituted the following Code of Conduct:
We have no tolerance for minors on the Platform for any reason. You will not use the Platform to request, offer, share, or in any way seek or distribute child pornography or even non-pornographic photographs and/or videos of minors. You will not at any time or for any reason share or post any image or video of any minor through the Platform nor will you request or indicate you are interested in any image or video of any minor. Any breach of this section, no matter how “innocent” or the basis for such breach, will lead to an immediate ban of your account and a report of such breach and all of your account information to NCMEC and, if we deem advisable in our sole discretion, one or more law enforcement agencies. NO EXCEPTIONS.
You will not discuss the abuse of any minor, any attraction to minors, any sexual activity with minors (even if you yourself were a minor) or any other type of discussion about minors in a sexual or abusive manner for any reason whatsoever. Any breach of this section will result in the immediate ban of your account and we will report all such discussions and your account information to NCMEC and, if we deem advisable in our sole discretion, one or more law enforcement agencies. NO EXCEPTIONS.
You shall at all times comply with United States federal laws, regardless of your location, as well as all laws applicable to where you reside. As mentioned above, you acknowledge that you are solely responsible for any and any all information streamed, posted, sent from or otherwise distributed through your account on the Platform.
You will not use the Platform to stream or share, whether real or simulated, any illegal or unsafe activity of any kind nor any violence, torture, pain, erotic asphyxiation, fisting, rape or any other action associated with causing harm to yourself or another person. Moreover, any depiction of blood for any reason will not be tolerated.
You shall not use the platform to in any way share or distribute any libelous, slanderous, abusive or defamatory information or statements. Further, you will not use the Platform to engage in any harassing activity.
You will not share or encourage through the Platform any hateful, sexist, abusive, rude, profane, obscene, harassing or otherwise offensive content nor any content which is terroristic or in furtherance of a terrorist aim/purpose in nature.
You shall not use the Platform to impersonate or in anyway infringe on the property, civil or intellectual property right(s) of any user OR Broadcaster.
You will not use the Platform to solicit funds from any other user nor to advertise or solicit for any goods or services, including, by way of example only and not a limitation, in-person meetings.
You will not use the Platform to distribute or share any chain letters, advertisements, spam or any other type of commercial message through the Platform.
You will not use the Platform nor any information received by you through or from the Platform for any illegal purpose or any purpose which would be a violation of this Agreement.
You will not appear drunk/intoxicated on camera nor will you drink or take/use any mind altering substances.
You understand that the foregoing Code of Conduct is not exhaustive and such Code of Conduct may be amended by us at any time without notice.
Member’s Obligation to Comply with 18 U.S.C. 2257
PROMOTION OF THE PLATFORM
Registered Broadcasters of the Platform may be eligible to participate in our affiliate program and potentially earn income based on the number and quality of registered Broadcaster referred to the Platform.
Proprietary Information. Elements of the Platform contain proprietary or confidential information that belongs to us. We assert full copyright protection in the Platform, including all of the design and code embodied therein. Any information shared or posted by us or by Broadcasters may be protected whether or not it is identified as proprietary to us or to the sharing Community Member. You will not modify, copy, or distribute any information on the Platform without the express written permission of the owner of such information and may not use any automated means to scrape, download or otherwise collect any data or content from the Platform including, without limitation, robots/bots, crawlers, or data mining tools.
Disclaimer of Warranties. The Platform is provided on an "as is" and "as available" basis. We do not warrant that the Platform will be uninterrupted or error-free. There may be delays, omissions, and interruptions in the availability of the Platform. WHERE PERMITTED BY LAW, YOU ACKNOWLEDGE THAT THE SERVICE IS PROVIDED WITHOUT ANY WARRANTIES OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; NOR DOES THE SITE 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 ANY SOFTWARE, HARDWARE OR THE SERVICES WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY USE YOU MAKE OF ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. We do not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information displayed, uploaded or distributed through the Platform by us or by any User or Broadcaster or any other person or entity. You acknowledge that any reliance upon any such opinion, advice, statement or information shall be at your sole risk. The site may contain errors, omissions or other outdated information. We reserve the right to correct these errors. If you have any questions, or believe you have encountered any type of error, please contact us.
We are not responsible for any incidental, consequential, special, punitive, exemplary, direct or indirect damages of any kind whatsoever, which may arise out of or relate to your use of the Platform, including but not limited to lost revenues, profits, business or data, or damages resulting from any viruses, worms, "Trojan horses" or other destructive software or materials, or communications by you or other Broadcasters of the Platform, or any interruption or suspension of the Platform, regardless of the cause of the interruption or suspension. Any claim against us shall be limited to the amount you paid, if any, for use of the Platform during the previous 12 months. We may discontinue or change the Platform or its availability to you at any time, and you may stop using the Platform at any time, please see details on cancellation below.
License Granted to the Platform Complaints. To resolve or report a complaint regarding the Platform or other Community Members, send an email detailing your complaint. In appropriate circumstances, we will take immediate action in order to help resolve the problem. You agree that in attempting to resolve any complaint you send to us we may, in our sole and exclusive determination, share your complaint in part or in whole with other individuals involved and/or otherwise implicated in the complaint.
Choice of Law. You agree that these Terms are governed by the laws of the State of California, without regard to its choice of law provisions.
Arbitration. You hereby agree that, if we become involved in any dispute relating to or arising out of your use of the Platform, any such claims, including any private attorney-general representative claims, will be resolved by binding individual arbitration and not in court. There is no judge or jury in arbitration proceedings, and awards made by an arbitrator are not generally appealable in court except in rare circumstances. Arbitrators can, however, award damages on an individual basis identical to what can be awarded by a judge. An arbitrator hearing a claim is obligated to follow these Terms as a judge in a regular court proceeding would be. The United States Federal Arbitration Act and United States federal arbitration law apply to these Terms. To commence an arbitration proceeding, you must send a notice to us. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the Supplementary Procedures for Consumer-Related Disputes, and the Federal Arbitration Act. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. Payment and fees for the arbitration are governed by the AAA rules. We will reimburse the arbitration filing fees for claims less than $1,000 except where the claims are ruled to be frivolous. The arbitration will be held in Los Angeles County, California. Neither party will be entitled to an award of its attorneys' fees or costs incurred in arbitration, except where the court has ruled that the other party's claim is frivolous.
Regardless of where you reside, to the fullest extent permitted by law, you expressly agree that class action lawsuits, class-wide arbitrations, private attorney-general actions, and any other proceeding where someone acts in a representative capacity are not allowed, nor is combining individual proceedings without the consent of all parties.
Entire Agreement. These terms plus any policies referenced herein or on the site represent the entire agreement between you and us. To the extent that there is a conflict between these Terms and any other policy, these Terms will control except where expressly stated to the contrary.
Severability. These Terms are severable. If any provision or portion of these Terms is held to be invalid or otherwise unenforceable, such provision or portion shall be interpreted to fulfill its intended purpose to the maximum extent permitted by applicable law, or if legally impossible, such provision or portion shall be ineffective only to the extent of such invalidity, and the remainder of these Terms will continue in full force and effect. If any provision or portion of these Terms may be construed in two or more ways, one of which would render the provision invalid or otherwise voidable or unenforceable and another of which would render the provision valid and enforceable, such provision will have the meaning that renders it valid and enforceable.