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Terms of Service

This Terms of Service (the “Terms”) is a binding agreement between you (”End User” or “you”) and Super Streaming Tech, Inc.  (“Super Streaming”). These Terms govern your use of Super Streaming’s the website available at https://www.Super Streaming.gg, its network of websites, software applications, and web browser extensions (the “Site”) and any other products or services offered by Super Streaming through the Site, including skill-based trivia games for use during streaming video content (together with the Site, the “Services”). The Services are licensed, not sold, to you.

 

BY CLICKING THE BOX TO INDICATE ACCEPTANCE, BY USING THE SITE, OR OTHERWISE USING THE SERVICES, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS; (B) REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THESE TERMS AND AGREE THAT YOU ARE LEGALLY BOUND BY THESE TERMS THE SUPER STREAMING TERMS OF SALE AND THE SUPER STREAMING PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SITE AND CEASE USE OF THE SERVICES.

 

  1. License Grant. Subject to these Terms, Super Streaming grants you a limited, non-exclusive, and nontransferable license to use the website for your personal, non-commercial use on devices, (e.g. personal computers, cellphones, tablets etc. . .) owned or otherwise controlled by you (“Device(s)”) and to use the Services strictly in accordance with these Terms and Game Rules published for each Super Streaming Event

 

  1. Modification to these Terms and the Services.

Super Streaming may, at its sole discretion, change these Terms, including the Super Streaming Privacy Policy, from time to time. Updated versions will never apply retroactively and will give the date they go into effect. We recommend that you check the Terms and Privacy Policy periodically for changes. Your continued use of the Services following the posting of any changes to the Terms means you accept those new terms.

 

Additionally, Super Streaming reserves the right to modify, suspend, or discontinue the Services whether temporarily or permanently at any time for any reason. You agree that Super Streaming shall not be liable to you for any modification, suspension, or discontinuation of the Services. Some modifications may require updates to Site in order to continue to use the Services. Super Streaming may also impose limits on certain features and services, restrict your access to parts or all of the Services, and suspend or terminate users without notice or liability.

For residents of the European Union or the European Economic Area, the United Kingdom, or Switzerland, who are acting as a consumer (i.e., for a purpose which can be regarded as being outside your trade, craft or profession) (“Consumer”) and have registered a Super Streaming account, Super Streaming will provide reasonable prior notice of amendments to these Terms of Service. To the extent permitted by applicable law, not cancelling your agreement to use the Super Streaming Services under these Terms of Service before the effective date will be deemed your consent to the amended terms. Where required by applicable law, Super Streaming will ask for your consent to the amended terms.

 

  1. Communications

You consent to accept and receive communications from us, including e-mail. You may opt-out of receiving marketing communications by following the unsubscribe options we provide to you but some transactional messages are deemed to be part of the Services.

 

  1. Super Streaming Account

You may access the Site without registering for an account, but as a condition of using certain aspects of the Services, including storage and transfer capabilities, you are required to create an Super Streaming account (an “Account”).

In order to open an account, you will be asked to provide us with certain information such as an account name and password. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your devices and you hereby agree to accept responsibility for all activities, charges, and damages that occur under your Account. If you discover any unauthorized use of your Account, or other known account-related security breach, you must report it to Super Streaming immediately. You agree that you are responsible for anything that happens through your Account until you close your Account or prove that your Account security was compromised due to no fault of your own. Super Streaming cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

 

  1. Third Party Accounts. Super Streaming may permit you to register for and log on to the Super Streaming Services via certain third-party services. The third party’s collection, use, and disclosure of your information will be subject to that third-party service’s privacy notice. Further information about how Super Streaming collects, uses, and discloses your personal information when you link your Super Streaming account with your account on any third-party service can be found in our Privacy Notice.

While we may offer portions of the Services for free, we may, from time to time charge for certain features of the Services, through the Site. Any such transaction related to payment for access to certain features of the Services shall be governed by our Terms of Sale. When paid by you, these payments are final and non-refundable. Super Streaming, in its sole discretion, may offer credits or refunds on a case-by-case basis including, by way of example, in the event of an error with your order or in the amounts you were charged.

Super Streaming will charge, and you authorize Super Streaming to charge, the payment method you specify at the time of purchase as outlined in our Terms of Sale. If you pay any amounts with a credit card, Super Streaming may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has credit available for your intended purchase.

Super Streaming reserves the right to establish, remove, and/or revise prices, fees, taxes, and/or surcharges for any or all services or goods obtained through the use of the Services at any time. Regardless of the cause, Super Streaming reserves the right to charge the final price after checkout, including without limitation all applicable transaction taxes.

 

  1. Use of Devices and Services.

Access to the Super Streaming Services may require the use of your personal computer or mobile device, as well as communications with or use of space on such devices. You are responsible for any Internet connection, data, mobile service, or other similar fees and charges from third parties that you incur when accessing the Super Streaming Services on your computer or other devices.

 

  1. License Restrictions. You shall not:
  • use the Services if you are under the age of 18;
  • use or otherwise access, or attempt to use or otherwise access the Services if you are located in jurisdictions where Super Streaming is not legally permitted to provide the Services, including, but not limited to: The US states of Louisiana, Montana, Delaware, Tennessee, Connecticut, Iowa, Vermont, and Maryland; the Australian states of Queensland and Victoria; and the countries/territories of Afghanistan, Belarus, Belgium, Bosnia And Herzegovina, Bulgaria, Colombia, Congo (Democratic Republic), Cote D’Ivoire, Croatia (local name: Hrvatska), Cuba, Cyprus, Czech Republic, Egypt, Estonia, France, French Guiana, French Polynesia, French Southern Territories, Greece, Haiti, Hungary, Indonesia, Iran (Islamic Republic Of), Iraq, Italy, Japan, Kosovo, Latvia, Lithuania, Malaysia, Malta, Montenegro, Myanmar, Nepal, Nigeria, North Korea, North Macedonia, Pakistan, People’s Republic of China, Philippines, Poland, Portugal, Romania, Russian Federation, Serbia, Slovakia (Slovak Republic), Slovenia, Sudan, Syrian Arab Republic, Turkey, Ukraine, Venezuela, Vietnam, Yugoslavia, and Zimbabwe.
  • use the Services in any way to monitor or evaluate the availability, performance or functionality of the Services for any competitive purpose, or perform or assist any other party to perform any benchmarking on the Services;
  • use the Services for any illegal purpose, or in violation of any local, state, national, or international law;
  • delete, remove, circumvent, disable, damage, or otherwise interfere with (a) security-related features of the Services or User Content, (b) features that prevent or restrict use or copying of any content accessible through the Super Streaming Services, (c) features that enforce limitations on the use of the Services or User Content, (d) features that limit, restrict, or otherwise block access to the Services by Users physically located in certain jurisdictions or locations, or (e) the copyright or other proprietary rights notices on the Super Streaming Services or User Content;
  • copy any portion of the Services, except as expressly permitted by this license;
  • modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Services;
  • reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Services or any part thereof;
  • remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Services, including any copy thereof;
  • rent, lease, lend, sell, sublicense otherwise make available the Services, or any features or functionality of the Services, to any third party for any commercial reason, including by making the Site available on a network where it is capable of being accessed by more than one device at any time;
  • remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Services;
  • directly or indirectly take any action that imposes or may impose (as determined by Super Streaming in its sole discretion) an unreasonable or disproportionately large load on Super Streaming or its third-party providers’ infrastructure; interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; run Mail list, Listserv, or any form of auto-responder, junk mail or “spam” on the Services; or use manual or automated software, devices, or other processes to scrape any page of the Services;
  • create a false identity on the Services, misrepresent your identity, impersonate any person, create a profile for anyone other than you, or use or attempt to use another account;
  • impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity, or falsely claim an affiliation with any other person or entity (including, without limitation, by using email addresses or online identity associated with any of the foregoing); access the Super Streaming Services accounts of others without permission; forge another person’s digital signature; misrepresent the source, identity, or content of information transmitted via the Super Streaming Services; or perform any other similar fraudulent activity;
  • create, upload, transmit, distribute, or store any content that is inaccurate, unlawful, infringing, defamatory, obscene, pornographic, invasive of privacy or publicity rights, harassing, threatening, abusive, inflammatory, or otherwise objectionable;
  • defame, harass, abuse, threaten, or defraud any other person or persons, or collect or attempt to collect, personal information about users or third parties without their consent;
  • engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm the Company or users of the Site, or expose them to liability; or
  • Use the Site or Services. for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.

 

If for any reason, Super Streaming determines that you have failed to follow these rules, or any of these Terms, we reserve the right to prohibit any and all current or future use of the Services by you, and suspend and cancel any payments that may be payable to you as part of the Services. If we have reason to suspect, or learn that anyone is violating these Terms, we may investigate and/or take legal action as necessary including bringing a lawsuit for damages caused by the violation. We reserve the right to investigate and take appropriate legal action, including without limitation, cooperating with and assisting law enforcement or government agencies in any resulting investigations of illegal conduct.

  1. Reservation of Rights. You acknowledge and agree that the Services, including the Site, is provided under license, and not sold, to you. You do not acquire any ownership interest in the Services under these Terms, or any other rights thereto other than to use the Site and Services in accordance with the license granted, and subject to all terms, conditions, and restrictions, under these Terms. Super Streaming, and its licensors and service providers, reserve and shall retain their entire right, title, and interest in and to the Services and Site, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in these Terms. Super Streaming reserves all rights not expressly granted in these Terms of Service.
  1. Content and User Content.

Through the Services, or via other users, Super Streaming may make accessible various content, including, but not limited to, videos, photographs, images, artwork, graphics, audio clips, comments, data, text, software, scripts, campaigns, other material and information, and associated trademarks and copyrightable works (collectively, “Content”). You have no rights in or to the Content other than as permitted herein to use or access the Services.

 

The Services are often provided with video content provided by various streaming platforms (“Underlying Content”). Super Streaming is not responsible for the contents of any such Underlying Content. In accessing the streaming platforms which may provide such Underlying Content, certain additional terms, conditions, and privacy policies related to those platforms may apply. Super Streaming bears no responsibility for the contents of any Underlying Content, the terms or policies of the platforms that may provide Underlying Content, or your use and access those platforms. You access Underlying Content and the platforms that provide that Underlying Content at your own risk. Super Streaming is not responsible if your use of the Services violates any terms or polices of those platforms, and shall not be held liable if your use of the Services in connection with those platforms leads to the removal of your access to such platforms.

Super Streaming allows you to create additional game content related to your streaming content; to use services, such as chat, bulletin boards, forum postings, wiki contributions, and voice interactive services; and to participate in other activities in which you may create, post, transmit, perform, or store content, messages, text, sound, images, applications, code, or other data or materials on the Super Streaming Services (“User Content”).

 

You grant Super Streaming and its sub-licensees, to the furthest extent and for the maximum duration permitted by applicable law (including in perpetuity if permitted under applicable law), an unrestricted, worldwide, irrevocable, fully sub-licensable, nonexclusive, and royalty-free right to: (a) use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content (including without limitation for promoting and redistributing part or all of the Super Streaming Services (and derivative works thereof) in any form, format, media, or media channels now known or later developed or discovered; and (b) use the name, identity, likeness, and voice (or other biographical information) that you submit in connection with such User Content. Super Streaming can exercise these rights in connection with monetizing the Super Streaming Services.  Should such User Content contain the name, identity, likeness, and voice (or other biographical information) of third parties, you represent and warrant that you have obtained the appropriate consents and/or licenses for your use of such features and that Super Streaming and its sub-licensees are allowed to use them to the extent indicated in these Terms of Service.

With respect to streaming live and pre-recorded audio-visual works, the rights granted by you hereunder terminate once you delete such User Content from the Super Streaming Services, or generally by closing your account, except: (a) to the extent you shared it with others as part of the Super Streaming Services and others copied or stored portions of the User Content (e.g., made a Clip); (b) Super Streaming used it for promotional purposes; (c) for the reasonable time it takes to remove from backup and other systems; or (d) Super Streaming is required by applicable law to retain it.

You are solely responsible for your User Content and the consequences of posting or publishing it. You represent and warrant that: (1) you are the creator or own or control all rights in and to the User Content or otherwise have sufficient rights and authority to grant the rights granted herein; (2) your User Content does not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right, or (b) defame any other person; (3) your User Content does not contain any viruses, adware, spyware, worms, or other harmful or malicious code; and (4) unless you have received prior written authorization, your User Content specifically does not contain any pre-release or non-public beta software or game content or any confidential information of Super Streaming or third parties. Super Streaming reserves all rights and remedies against any users who breach these representations and warranties.

 

Super Streaming recognizes that some content creators and Users collaborate with brands and may publish User Content or Underlying Content featuring, using, discussing, or promoting products, services, or specific content in exchange for something of value, such as being paid or provided with goods or services (“Branded Content”). Branded Content includes without limitation paid product placements, endorsements, and sponsorships. Super Streaming allows you to publish Branded Content using the Super Streaming Services provided that your Branded Content complies with these Terms of Service and all applicable law.

 

You agree that you are solely responsible for ensuring that your Branded Content complies with any and all applicable advertising laws, regulations, and guidelines, including without limitation the U.S. Federal Trade Commission’s Guidelines (the “Advertising Guidelines”). For example, if you have been paid or provided with free products in exchange for discussing or promoting a product or service through the Super Streaming Services, or if you are an employee of a company and you discuss or promote that company’s products or services through the Super Streaming Services, you agree to comply with the Advertising Guidelines’ requirements for disclosing such relationships to indicate the commercial nature of the Branded Content.

 

Super Streaming bears no responsibility for the contents used in any User Content, including those in Branded Content, and shall bears no responsibility or liability to you in regards to any damages you may incur for your access, use or interaction with such User Content.

 

Super Streaming uses reasonable security measures in order to attempt to protect User Content against unauthorized copying and distribution. However, Super Streaming does not guarantee that any unauthorized copying, use, or distribution of User Content by third parties will not take place. To the furthest extent permitted by applicable law, you hereby agree that Super Streaming shall not be liable for any unauthorized copying, use, or distribution of User Content by third parties and release and forever waive any claims you may have against Super Streaming for any such unauthorized copying or usage of the User Content, under any theory. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SECURITY MEASURES TO PROTECT USER CONTENT USED BY SUPER STREAMING HEREIN ARE PROVIDED AND USED “AS IS” AND WITH NO WARRANTIES, GUARANTEES, CONDITIONS, ASSURANCES, OR OTHER TERMS THAT SUCH SECURITY MEASURES WILL WITHSTAND ATTEMPTS TO EVADE SECURITY MECHANISMS OR THAT THERE WILL BE NO CRACKS, DISABLEMENTS, OR OTHER CIRCUMVENTION OF SUCH SECURITY MEASURES.

 

  1. Collection and Use of Your Information. You acknowledge that when you use the Site, Super Streaming uses automatic means (including, for example, cookies and web beacons) to collect information about your Device and about your use of the Services. You also may be required to provide certain information about yourself as a condition to use the Services or certain features or functionalities. All information we collect through or in connection with these Terms is subject to the Super Streaming Privacy Policy. By using the Site, you consent to all actions taken by us with respect to your information in compliance with the Super Streaming Privacy Policy.

 

  1. Geographic Restrictions. The Content and Services are based in the United States. You acknowledge that you may not be able to access all or some of the Services outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you are responsible for compliance with local laws.

 

You agree that you will not access the Services if you are located in a jurisdiction that does allow for the Services to be provided to you legally. These Jurisdictions include, but are not limited to: The US states of Louisiana, Montana, Delaware, Tennessee, Connecticut, Iowa, Vermont, and Maryland; the Australian states of Queensland and Victoria; and the countries/territories of Afghanistan, Belarus, Belgium, Bosnia And Herzegovina, Bulgaria, Colombia, Congo (Democratic Republic), Cote D’Ivoire, Croatia (local name: Hrvatska), Cuba, Cyprus, Czech Republic, Egypt, Estonia, France, French Guiana, French Polynesia, French Southern Territories, Greece, Haiti, Hungary, Indonesia, Iran (Islamic Republic Of), Iraq, Italy, Japan, Kosovo, Latvia, Lithuania, Malaysia, Malta, Montenegro, Myanmar, Nepal, Nigeria, North Korea, North Macedonia, Pakistan, People’s Republic of China, Philippines, Poland, Portugal, Romania, Russian Federation, Serbia, Slovakia (Slovak Republic), Slovenia, Sudan, Syrian Arab Republic, Turkey, Ukraine, Venezuela, Vietnam, Yugoslavia, and Zimbabwe.

 

  1. Super Streaming may from time to time in its sole discretion develop and provide updates to the Services, which may include upgrades, bug fixes, patches, other error corrections, and/or new features for the Site (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that Super Streaming has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. You agree that all Updates will be deemed part of the Site and be subject to all terms and conditions of these Terms.

 

  1. Third-Party Materials. The Services may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third-Party Materials”). You acknowledge and agree that Super Streaming is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Super Streaming does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.

 

  1. Term and Termination.

The term of these Terms commences when you acknowledge your acceptance and will continue in effect until terminated by you or Super Streaming as set forth in this section. You may cancel your account at any time through your account settings. We may suspend or cancel your account without notice to you, at our sole and absolute discretion, for any reason or no reason at all, including but not limited to if you violate these Terms, you create risk or possible legal exposure for us, your account should be removed due to unlawful conduct, or our provision of the Services to you is no longer commercially viable. Super Streaming reserves the right to remove your account information along with any account settings from our servers with NO liability or further notice to you. Upon termination of your account. your license to use Super Streaming’s Services terminates.

 

For residents of the Republic of Korea and for residents of the European Union or the European Economic Area, the United Kingdom, or Switzerland who are acting as a Consumer, except in the case where Super Streaming reasonably considers that giving notice is legally prohibited (for instance, when providing notice would either (i) violate applicable laws, regulations, or orders from regulatory authorities or (ii) compromise an ongoing investigation conducted by a regulatory authority) or that any notice may cause harm to you, third parties, Super Streaming, and/or its affiliates (for instance, when providing notice harms the security of the Super Streaming Services), Super Streaming will without delay notify you of the reason for its action.

 

  1. Transfer Account on Death. You agree to provide Super Streaming with a designee to transfer your account to upon death. When a user dies, Super Streaming will deliver any document or files on the user’s account to the designee. In the event that the designee has not survived the user or the user did not provide a designee, said account shall be transfer to the user’s estate.

 

  1. Disclaimer of Warranties. THE SERVICES,“AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, Super Streaming, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SERVICES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, Super Streaming PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SERVICES the Site WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

 

For residents of the European Union or the European Economic Area, the United Kingdom, or Switzerland who are acting as a Consumer, there are warranty rights under applicable law in case of any non-conformity of digital content and services. Such rights shall remain unaffected by these Terms of Service. In such a case, Super Streaming offers no further implied or statutory warranties or conditions with regard to digital content and services, and explicitly disclaims all implied warranties and conditions to the maximum extent permitted by applicable law.

You acknowledge that we may change the Super Streaming Services from time to time without causing its non-conformity, including when needed to comply with applicable law or regulation, or for justified commercial, security, or operational reasons, and including to make any improvements to your access to the Super Streaming Services.

 

  1. Limitation of Liability. EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED, IN NO EVENT SHALL Super Streaming, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF THE TOTAL AMOUNT PAID IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM OR ONE HUNDRED U.S. DOLLARS ($100.00), WHICHEVER IS LESS. SOME STATES OR COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. IN THESE JURISDICTIONS, Super Streaming’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

 

  1. Ind You agree to indemnify, defend, and hold harmless Super Streaming, its affiliated companies, and each of our respective contractors, employees, officers, directors, agents, third-party suppliers, licensors, and partners (individually and collectively, the “Super Streaming Parties”), and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys’ fees, arising from or relating to your use or misuse of the Services or your breach of these Terms.

 

  1. If any provision of these Terms is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of these Terms will continue in full force and effect.

 

  1. US Government Rights. The Services are a “commercial product” as that term is defined at 48 C.F.R. § 2.101, consisting of “commercial computer software” and “commercial computer software documentation” as such terms are used in 48 C.F.R. § 12.212. Accordingly, if you are an agency of the US Government or any contractor therefor, you receive only those rights with respect to the Services as are granted to all other end users under license, in accordance with (a) 48 C.F.R. § 227.7201 through 48 C.F.R. § 227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. § 12.212, with respect to all other US Government licensees and their contractors.

 

  1. Governing Law. These Terms are governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to these Terms and our Privacy Policy shall be instituted exclusively pursuant to the Disputes section below.

 

 

To the fullest extent permitted by applicable law, you and Super Streaming agree that if you are a Subscribing Organization or a consumer resident of a jurisdiction other than those in (ii) and (iii) below, the following arbitration provision applies: PLEASE READ THE FOLLOWING CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH SUPER STREAMING AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM SUPER STREAMING. You and Super Streaming agree to arbitrate any dispute arising from these Terms of Service or your use of the Super Streaming Services on an individual basis, except that Super Streaming is not required to arbitrate any dispute in which Super Streaming seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. You and Super Streaming agree that you will notify each other in writing of any dispute within thirty (30) days of when it arises. Notice to Super Streaming shall be sent to: Super Streaming Tech, Inc., Attn: Legal 4305 W Lovers Lane, Dallas TX 75209. You and Super Streaming further agree: to attempt informal resolution prior to any demand for arbitration; that any arbitration will occur in Dallas County, Texas; that arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of JAMS; and that the state or federal courts in Dallas County, Texas have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.

 

For residents of the European Union or the European Economic Area, the United Kingdom, or Switzerland who are acting as a Consumer, these Terms of Service and any disputes, claims, or causes of action arising out of or in connection with them will be governed by the laws of the State of Texas and applicable United States law, provided that this choice of governing law will not deprive you of the protection afforded to you by provisions that cannot be derogated from by agreement by virtue of the laws applicable where you habitually reside. In such cases, disputes shall be resolved in the competent civil courts as determined by applicable law.

 

If you are a resident in any jurisdiction other than those named in (ii) in which the arbitration provision in the section (i)(a) above is found to be unenforceable, then any disputes, claims, or causes of action arising out of or in connection with these Terms of Service shall be brought and resolved by the state or federal courts in Dallas County, Texas or, if required by applicable law, then by competent civil courts within your jurisdiction of residence. If the governing law provision in (i)(b) is found to be unenforceable, then the laws of your jurisdiction of residence shall govern.

Whether the dispute is heard in arbitration or in court, you and Super Streaming will not commence against the other a class action, class arbitration, or other representative action or proceeding.

 

  1. Dispute Commencement Date

 

TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AND SUPER STREAMING AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SUPER STREAMING SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

 

  1. Entire Agreement. These Terms, our Privacy Policy, and any statements or rules on the Services on your date of access constitute the entire agreement between you and Super Streaming with respect to the Site and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Site.

 

  1. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between these Terms and any applicable purchase or other agreement, these Terms shall govern.

 

  1. Contact. The Super Streaming Services are offered by:

 

Super Streaming Tech LLC

4305 W Lovers Lane, Dallas TX 75209

 

Super Streaming Tech, Inc. is a company registered in the US State of Delaware under file no. 2667694.

For questions or more information, please send email to [email protected] or write to us at the address above, Attn: Customer Support.

 

The EU Commission provides a platform for online dispute resolution at https://ec.europa.eu/consumers/odr. Please note that Super Streaming is not obliged to participate in such dispute resolution.

 

Please note that, to the extent permitted by applicable law, Super Streaming does not accept requests for information or documents, or service of process, via e-mail or fax and will not respond to such requests. All requests must include the information you may have that will help us identify the relevant records (particularly, the Super Streaming Service at issue, and the Super Streaming username at issue, e.g., http://www.Super Streaming.gg/username), the specific information requested, and its relationship to your investigation. Please also note that limiting your request to the relevant records (e.g., a limited time period) will facilitate efficient processing of your request.

 

Last Update: February 27,2024.