TuStreams
Terms of Use

Last Modified: April 23, 2019

The following terms and conditions, together with any documents expressly incorporate by reference (“Terms of Use”), are entered into by and between you and TuStreams, LLC (“TuStreams”, “Company”, “us”, “our”, or “we”), and governs your access and use of TuStreams’s website located at https://tustreams.com and related sub-domains (together, the “Website”) and any applicable services offered by or through TuStreams (“Services”). By using or accessing any part of our Website, you are agreeing to these Terms of Use, and all other policies or notices posted by us on our Websites, all of which are incorporated by this reference. In addition, if you elect to utilize any of the creator services offered on or through our Website (“Services”), then your use of those Services will also be governed by our Members Services Agreement, a copy of which can be found at
https://tustreams.com/member-service-agreement.

Please check back regularly for updates. We will also provide you with a notification of any changes if you have a user account with us and are logged into your account.

For your convenience, these Terms of Use are broken down into the following Sections:

  • Changes To The Terms Of Use; Modifications To The Website
  • Eligibility
  • Accessing The Website; Creating An Account; Account Security
  • Reliance On Information Posted
  • Consent To Use Of Electronic Communications
  • Intellectual Property Rights
  • Us Dollars And Foreign Currency Conversion
  • Restrictions
  • User Contributions
  • Monitoring And Enforcement
  • Termination
  • Links
  • Disclaimer Of Warranties
  • Limitation Of Liability
  • Indemnification
  • Mandatory Arbitration
  • Governing Law And Jurisdiction
  • Waiver And Severability
  • Entire Agreement
  • Your Comments And Concerns

  • CHANGES TO THE TERMS OF USE; MODIFICATIONS TO THE WEBSITE

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Websites thereafter. However, any changes to the dispute resolution provisions set forth in the Governing Law and Jurisdiction Section will not apply to any disputes for which the parties have actual notice prior to the date the change is posted on the Website. Your continued use of the Websites following the posting of revised Terms of Use means that you accept and agree to the changes. While we will endeavor to provide notice of any updates to these Terms of Use, you are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

We reserve the right to withdraw or amend the Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or an entire Website, to users, including registered users.

  • ELIGIBILITY

The Website is offered and available only to users who can lawfully enter into and form contracts under the applicable laws.

By using the Website, you represent and warrant that you are at least 18 years old, and if you are under the age of 18, then you represent and warrant that you are least 13 years of age and only use the Website under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use.

However, if you are accessing the Website from the European Union or the European Economic Area, then you must be at least 16 years of old to use and/or access the Website.

If you do not meet all of these requirements, you must not access or use the Websites.

  • ACCESSING THE WEBSITE; CREATING AN ACCOUNT; ACCOUNT SECURITY

If you are accessing the Website from the European Union (“EU”), Asia, or any other region with laws or regulations governing the use, disclosure, collection and/or protection of personal data that differ from those in place under the laws of the United States, then please note that you are transferring your personal data to the United States which does not have the same data protection laws as the EU and other regions.

You are responsible for:

  • Making all arrangements necessary for you to have access to the Website.
  • Ensuring that all persons who access the Website through your Internet connection are aware of these Terms of Use and comply with them.

If you wish to utilize the Service made available by TuStreams through the Website, you may be asked to create an account which requires you to provide certain personal information, including, and without limitation, your full name, email address, phone number, and payment information such as banking and tax information. It is a condition of your use of the Website that all the information you provide on the Website is accurate, current and complete. This means that you cannot setup an account using a name or contact information that does not apply to you, and you must provide accurate and current information on all registration forms that are part of the Website. By entering into these Terms of Use, you agree that TuStreams may collect, use and disclosure of your personal information you provide to TuStreams, including but not limited to through the use of any Services offered by or through the Websites, in accordance with the following policies:

Privacy Policy – https://tustreams.com/privacy-policy
Cookies Policy – https://tustreams.com/cookies
Copyright Policy – https://tustreams.com/copyright-policy

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Website or portions of it using your user name, password or other security information. You agree to notify us immediately of: (i) any unauthorized access to your account; or (ii) use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any account, username, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use or our Privacy Policy.

  • RELIANCE ON INFORMATION POSTED

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Websites, or by anyone who may be informed of any of its contents.

The Website may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services, such as open source software. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by TuStreams, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of TuStreams. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

  • CONSENT TO USE OF ELECTRONIC COMMUNICATIONS

In connection with these Terms of Use, you may be entitled to receive certain communications from us such as notices, product updates and changes to the Terms of Use, in writing.  To facilitate your use of the Website, you give us permission to provide these communications to you electronically instead of in paper form. You can withdraw your consent to receive further communications electronically at any time by selecting to remove yourself as a registered user. Any withdrawal of your consent to receive communications will revoke your access to the Website. Any withdrawal of your consent to receive communications will be effective only after a reasonable period of time to process your request to revoke your access as a registered user.

  • INTELLECTUAL PROPERTY RIGHTS

The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof, are owned by TuStreams, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
  • If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

You must not:

  • Modify copies of any materials from this Website.
  • Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website, as well as any of its contents, features and functionality, including the Services, will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted in these Terms of Use are reserved by TuStreams. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

The Company name, the terms “TuStreams”, the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of TuStreams or its affiliates or licensors. You must not use such marks without the prior written permission of TuStreams. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

  • US DOLLARS AND FOREIGN CURRENCY CONVERSION

The Website and the Services provided thereunder operate in U.S. Dollars. If your payment method is denominated in a currency other than U.S. Dollars and requires currency conversion to make payments in U.S. Dollars, foreign currency conversion rates may occur.

  • RESTRICTIONS

You may use the Website and/or our Services only for lawful purposes and in accordance with these Terms of Use. You may not:

  • Use our Website, and its entire contents, features and functionality (including but not limited to the Services) in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries) or otherwise in violation of these Terms of Use, our Privacy Policy or any other applicable policies or documentation;
  • Submit content through our Services that does not belong to you or the company you belong to;
  • Use our Website or Services tin a way that would be considered a criminal offense, give rise to civil liability, violate any law, or is other inappropriate;
  • Impersonate or attempt to impersonate TuStreams, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
  • Upload, launch, post, or transmit any material (including any bot, worm, scripting exploit or computer virus) that is likely to harm or corrupt our Website and/or our reputation, or harm or corrupt our or anyone else’s computer systems, or data;
  • Use our Website to harm minors in any way, including postings that violate child pornography laws, child sexual exploitation laws, or any other laws protecting children;
  • Modify the Website or any part of the Website; and
  • Engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm TuStreams or users of the Website or expose them to liability.

Additionally, you agree not to:

  • Use the Websites in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Websites, including their ability to use the Services;
  • Use any robot, spider or other automatic device, process or means to access the Websites for any purpose, including monitoring or copying any of the material on the Websites;
  • Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent;
  • Use any device, software or routine that interferes with the proper working of the Website or the Services;
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
  • Attack the Website or its Services via a denial-of-service attack or a distributed denial-of-service attack.

  • USER CONTRIBUTIONS

The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, comment sections and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website. All User Contributions must comply with the Content Standards set out in these Terms of Use. Any User Contribution you post to the Website will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that:

  • You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.
  • All of your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not TuStreams, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.

  • CONTENT STANDARDS

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:

  • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy located at https://tustreams.com/privacy-policy.
  • Be likely to deceive any person.
  • Promote any illegal activity, or advocate, promote or assist any unlawful act.
  • Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
  • Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

If you believe that any User Contributions violate your copyright, please send us a notice of copyright infringement to legal@tustreams.com. It is the policy of TuStreams to terminate the user accounts of repeat infringers.

  • MONITORING AND ENFORCEMENT

We have the right to:

  • Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
  • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public or could create liability for TuStreams.
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
  • Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS TUSTREAMS AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

  • TERMINATION

We may suspend or terminate your access to the Website at any time for any or no reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms of Use; (ii) you create risk or possible legal exposure for us; (iii) your account should be removed due to prolonged inactivity; or (iv) our provision of the services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account, depending on the circumstances. In all such cases, the rights granted to you shall terminate, including, without limitation, your license to use the Website. If you or TuStreams terminates your use of the Website or the Services, TuStreams may delete any materials relating to your use of the Website on our servers or otherwise in our possession and TuStreams will have no liability to you or any third party for doing so.

  • LINKS

Our Website and any underlying services or functionality, including but not limited to, the Services, may contain links to third-party websites or services that are not owned or controlled by TuStreams. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that TuStreams shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through the Website or the Services.

  • DISCLAIMER OF WARRANTIES

You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TUSTREAMS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICE OR ITEMS OBTAINED THROUGH THE WEBSITE, INCLUDING BUT NOT LIMITED TO, THE SERVICES, IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICE OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER TUSTREAMS NOR ANY PERSON ASSOCIATED WITH TUSTREAMS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER TUSTREAMS NOR ANYONE ASSOCIATED WITH TUSTREAMS REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR THE SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TUSTREAMS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

  • LIMITATION OF LIABILITY

IN NO EVENT WILL TUSTREAMS, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITES, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITES OR SUCH OTHER WEBSITES OR THE SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE, THE SERVICES OR OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

  • INDEMNIFICATION

You agree to defend, indemnify and hold harmless TuStreams, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use, your use of the Websites, or any content or services obtained through the use of the Website including, but not limited to, your User Contributions, your use of the Services, or any other use of the Website’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

  • MANDATORY ARBITRATION

Please read this carefully. It affects your rights. YOU AND TUSTREAMS AND EACH OF OUR RESPECTIVE SUBSIDIARIES, AFFILIATES, PREDECESSORS IN INTEREST, SUCCESSORS, AND PERMITTED ASSIGNS AGREE TO ARBITRATION (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT), AS THE EXCLUSIVE FORM OF DISPUTE RESOLUTION EXCEPT AS PROVIDED FOR BELOW, FOR ALL DISPUTES AND CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE WEBSITE OR SERVICES. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Please visit www.adr.org for more information about arbitration.

  • Commencing Arbitration. A party who intends to seek arbitration must first send to the other, by certified mail, a written notice of intent to arbitrate (a “Notice”), or, in the absence of a mailing address provided by you to TuStreams, to you via any other method available to TuStreams, including via e-mail. The Notice to TuStreams should be addressed to: TuStreams, LLC 2991 Broadway, San Diego, CA 92102 Attention: TuStreams - Legal (the “Arbitration Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (the “Demand”). If you and TuStreams do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or TuStreams may commence an arbitration proceeding as set forth below or file a claim in small claims court. THE ARBITRATION SHALL BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES AND THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES (THE “Rules”), AS MODIFIED BY THIS AGREEMENT. The Rules and AAA forms are available online at www.adr.org or by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. If you are required to pay a filing fee to commence an arbitration against TuStreams, then TuStreams will promptly reimburse you for your confirmed payment of the filing fee upon TuStreams receipt of Notice at the Arbitration Notice Address that you have commenced arbitration along with a receipt evidencing payment of the filing fee, unless your Demand is equal to or greater than $1,000, in which case you are solely responsible for the payment of the filing fee.
  • Arbitration Proceeding. The arbitration shall be conducted in the English language. A single independent and impartial arbitrator shall be appointed pursuant to the Rules, as modified herein. You and TuStreams agree to comply with the following rules, which are intended to streamline the dispute resolution process and reduce the costs and burdens on the parties: (i) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner to be chosen by the party initiating the arbitration; (ii) the arbitration shall not require any personal appearance by the parties or witnesses unless otherwise mutually agreed in writing by the parties; and (iii) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
  • No Class Actions. YOU AND TUSTREAMS AGREE THAT YOU AND TUSTREAMS MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. FURTHER, YOU AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OF MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND THAT IF THIS SPECIFIC PROVISO IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THIS MANDATORY ARBITRATION SECTION SHALL BE NULL AND VOID.
  • Decision of the Arbitrator. Barring extraordinary circumstances, the arbitrator shall issue his or her decision within 120 days from the date the arbitrator is appointed. The arbitrator may extend this time limit for an additional 30 days in the interests of justice. All arbitration proceedings shall be closed to the public and confidential and all records relating thereto shall be permanently sealed, except as necessary to obtain court confirmation of the arbitration award. The award of the arbitrator shall be in writing and shall include a statement setting forth the reasons for the disposition of any claim. The arbitrator shall apply the laws of the State of California in conducting the arbitration. You acknowledge that this Agreement and your use of the Website evidences a transaction involving interstate commerce. The United States Federal Arbitration Act shall govern the interpretation, enforcement, and proceedings pursuant to the Mandatory Arbitration clause in this Agreement.
  • Equitable Relief. The foregoing provisions of this Dispute Resolution section do not apply to any claim in which TuStreams seeks equitable relief of any kind. You acknowledge that, in the event of a breach of this Agreement by TuStreams or any third party, the damage or harm, if any, caused to you will not entitle you to seek injunctive or other equitable relief against TuStreams, and your only remedy shall be for monetary damages, subject to the limitations of liability set forth in this Agreement.
  • Claims. You and TuStreams agree that, notwithstanding any other rights the party may have under law or equity, any cause of action arising out of or related to this Agreement, the use of the Website, excluding a claim for indemnification, must commence within one year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
  • Improperly Filed Claims. All claims you bring against TuStreams must be resolved in accordance with this Dispute Resolution section. All claims filed or brought contrary to this Dispute Resolution section shall be considered improperly filed. Should you file a claim contrary to this Dispute Resolution section, TuStreams may recover attorneys’ fees and costs up to $5,000, provided that TuStreams has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.

  • GOVERNING LAW AND JURISDICTION

Only if the Mandatory Arbitration clause is deemed to be null and void, then all matters relating to the Website, the Services and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction). In such a situation, any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website, including any services or content obtained through the use of the Website, including but not limited to, your use of the Services, shall be instituted exclusively in the federal courts of the United States or the courts of the State of California and County of Los Angeles, provided, however, we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

  • WAIVER AND SEVERABILITY

No waiver of by TuStreams of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of TuStreams to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

  • ENTIRE AGREEMENT

These Terms of Use, our Privacy Policy, Copyright Policy and Cookies Policy, and any other documents incorporated herein by reference, constitute the sole and entire agreement between you and TuStreams with respect to the Website and any services offered by on in connection with the Website, including the Services, and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral.

  • YOUR COMMENTS AND CONCERNS

All feedback, comments, requests for technical support and other communications relating to the Website should be directed to: support@tustreams.com.